Two Opposition MPs have been discharged and acquitted of committing an offence under the Peaceful Assembly Act 2012 (PAA) in connection with their involvement in a Bersih 4 rally in Kuching in 2015.

Stampin MP Julian Tan told Malaysiakini that Kuching Sessions Court judge Steve Ritikos had found no prima facie case against neither him nor Bandar Kuching MP Chong Chieng Jen that their walk to the Bersih 4 venue between 2pm and 3pm on Aug 25, 2015, had constituted a “street protest” under Section 4 (2)(c) of the act.

Tan and Chong had begun their walk after parking their vehicles nearby the Hilton Kuching hotel before making their way to the Song Kheng Hai field, where Bersih 4 was being held.

While he was satisfied with the decision, Tan lamented the time and resources “wasted” on the case in the past two years.

“Bersih 4 was approved by the police, so why did the federal government waste time and resources to charge us? We have been to court 10 times and this has deprived us of carrying out our duties as MPs.

“And out of so many people (at the rally), why did they target only the two of us? This (charge) can be clearly perceived as political persecution,” he said.

Had they been convicted, Tan and Chong could have each been fined up to RM10,000.

Election laws stipulate that they would have lost their elected positions if fined more than RM2,000.

Senior federal counsel Kamal Bahrain Omar represented the Attorney-General’s Chambers as the prosecution and said an appeal was being considered.

Tan and Chong were represented by Gobind Singh Deo.