Selangor exco member Nik Nazmi Nik Ahmad was recharged under the Peaceful Assembly Act (PAA) 2012, just a day after he was acquitted of the same offence, the Kuala Lumpur High Court heard today.

This is despite the Court of Appeal having ruled two weeks earlier, on April 25, 2014, that Section 9(5) of the Peaceful Assembly Act 2012 (PAA), which punishes those who do not give 10 days' notice before holding an assembly, was unconstitutional.

Nik Nazmi, who is also PKR Youth chief, said this amounted to malicious prosecution and misfeasance in public office by the then attorney-general Abdul Gani Patail.

“The defendant charged me under a law which had been declared null and void by the Court of Appeal.

“Gani (as the prosecutor) and the government had charged me for the second time, with the same charge as the first case, despite the appellate court's decision, and the sessions court's discharge and acquittal,” he said.

“I was charged for the second time because I am a member of PKR. Whereas there are other assemblies or rallies which did not follow the PAA 2012, but the organisers were not charged even once, just because they are Umno or BN supporters, or members,” he said in responding to questions from his lawyer Syahredzan Johan.

The 35-year-old, who is also Seri Setia assemblyperson, said his claim against Gani (photo) and the government followed their actions which had tarnished his reputation, good name, freedom, and caused him mental anguish, and hardship, following the second charge.

“I had to spend the time to attend court proceedings after my second charge, which made me look as if I was a hardcore criminal and a danger to public order and national security.

“The action to charge me for the second time is an attempt to discriminate, instil fear and trouble me, which is unconstitutional under the law. Hence, I am entitled to get the aggravated damages,” Nik Nazmi said.

Apart from general and aggravated damages, he is also seeking special damages of RM80,000 and costs of the action.

In Oct 2015, Nik Nazmi was charged for the third time under the PAA for not giving a 10-day notice for the Black 505 rally. This came after the COA's ruling that the requirement to give the 10-day notice and punishment was constitutional and good law. Nik Nazmi pleaded guilty to his second charge last December and was fined RM1,500.

Prosecutor: High profile cases decided by Gani

Meanwhile, DPP Wan Shaharuddin Wan Ladin, who is the first defence witness, told senior federal counsel Kamal Azira Hassan that not all prosecution cases were referred directly to Gani as the prosecutor.

Wan Shaharuddin said only cases which are high-profile and received wide media coverage, were referred to Gani.

He said upon instructions of the then prosecutor (Gani) he had on May 6, 2014, re-charged Nik Nazmi for the second time.

“The decision is made to re-charge considering that the appeal had yet to be decided by the Federal Court and that the charge on Nik Nazmi had not been decided based on its merits,” he told the court.

However, the DPP said the PJ Sessions Court granted a discharge not amounting to an acquittal that day, after Nik Nazmi was charged for the second time.

On explaining what happened at the Federal Court, Wan Shaharuddin said the prosecution withdrew its appeal based on cases which originated from the lower courts (the Magistrate's and Sessions court).

On cross-examination by Syahredzan, Wan Shaharuddin agreed with the lawyer that Nik Nazmi's case is one he would categorise as having media attention, and therefore referred to Gani.

He said that he was following the orders of the prosecutor to re-charge Nik Nazmi.

The witness agreed that the decision to re-charge was made with the clearance from the present attorney-general Mohamed Apandi Ali.

The hearing before Justice Ahmad Zaidi Ibrahim continues tomorrow.