Magistrate to decide on ex-Muda sec-gen's LCS protest charges this Friday

Activist Amir Hariri Abd Hadi, who was charged with failing to notify the authorities about a littoral combat ship (LCS) protest in 2022, will learn this Friday whether he will be acquitted or given a discharge not amounting to an acquittal (DNAA).

Kuala Lumpur magistrate Farah Nabihah Dan fixed the date after hearing submissions from deputy public prosecutor Anis Wahidah Mohamad and Amir’s lawyer Rajsurian Pillai this morning.

Anis informed the court that the prosecution had been instructed to withdraw the charges and apply for a DNAA under Section 173(g) of the Criminal Procedure Code.

However, Rajsurian argued that a DNAA would leave the charges hanging over Amir’s head, exposing him to the risk of future prosecution.

“The accused has been charged under Section 9(5) of the Peaceful Assembly Act, which was recently decided as unconstitutional,” the lawyer said in urging the court to grant a full acquittal.

He based his submissions on the principle in Section 254 of the Criminal Procedure Code, which recognises the presumption of innocence until proven guilty.

“A charge cannot hang over any person for an indeterminate or indefinite period, which would be harsh, inhumane and illegal.

“So when the prosecutor has decided not to continue and in fact declined to prosecute further, the accused must be discharged and stand acquitted.

“It must only be in exceptional circumstances for the court to exercise its discretion under Section 254(3) to direct a DNAA, paving the way for the prosecution to re-charge the person at a later date,” Rajsurian said.

In reply, Anis reiterated that Section 173 of the Criminal Procedure Code outlines the powers of lower courts, including the lack of authority to fully acquit an accused person before the prosecution’s case is heard.

Amir was charged in 2022 under Section 9(5) of the Act for allegedly failing to notify the authorities of the #ManaKapalLCS rally five days before it was held on Aug 14 that year.

The former Muda secretary-general later obtained the High Court’s permission to challenge the provision in the Federal Court, which in July this year declared it unconstitutional and no longer valid.

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