Ex-Muda sec-gen acquitted of Peaceful Assembly Act charges

Former Muda secretary-general Amir Hariri Abd Hadi has been acquitted of charges under Section 9(5) of the Peaceful Assembly Act 2012 (PAA) for allegedly failing to notify the authorities of organising the “#ManaKapalLCS” rally in 2022.

Magistrate Farah Nabihah Muhamad Dan granted the acquittal this morning after deputy public prosecutor Anis Wahidah Mohamad informed the court that they have no intention to re-charge Amir in the future.

“Given that, as of now, the prosecution has not received any instruction to re-charge the accused, therefore the court ordered the accused to be discharged and acquitted.”

She also ordered Amir’s bail to be returned to him in full.

The magistrate also based her decision on the prosecution and defence’s submissions on Aug 5, in which Anis Wahidah submitted that the prosecution had been instructed to retract the charges and asked for a discharge not amounting to an acquittal (DNAA) under Section 173(g) of the Criminal Procedure Code.

However, Amir’s lawyer Rajsurian Pillai, in requesting a total acquittal, argued that a DNAA would cause the charge to hang over Amir’s head, risking him of another prosecution in the future.

Amir, who is now the executive director of youth organisation Mandiri, was charged on Aug 22, 2022, just seven days after the rally was held in front of the Sogo shopping complex in Kuala Lumpur.

He pleaded not guilty and was released on RM4,000 bail.

The #ManaKapalLCS rally goers had gathered on Aug 14, demanding that the government answer for the littoral combat ship (LCS) issue.

The activist obtained the High Court’s permission to challenge the PAA provision, under which he was charged, at the Federal Court last year, to which the apex court declared in July this year that the provision was unconstitutional and no longer valid.

Previously, the provision stipulated that assembly organisers may be fined a maximum of RM10,000 if they are found guilty of not notifying authorities five days prior.

The Federal Court, in striking out the provision, found it unconstitutional to criminalise a peaceful assembly organiser for failing to notify the authorities five days before the planned gathering.

The panel of five judges, led by former chief justice Tengku Maimun Tuan Mat, found that the provision contradicted the “noble intention” behind the Act when it was approved by Parliament, as well as the people’s right to peacefully assemble as accorded under Article 10 of the Federal Constitution.

Court ruling doesn’t end LCS scandal

The magistrate’s decision today brings a full stop to a three-year-long fight for justice, Amir said in a statement after today’s proceeding.

He thanked his lawyers and the public for showing solidarity, emphasising that today’s decision did not absolve any wrongdoing by the government regarding the LCS scandal.

“Today’s decision does not cover the government’s failure, especially in resolving the LCS scandal, which used to be (when they were in the opposition) a major topic leading up to the 15th general election.

“I remain the only individual who has been in and out of court, while those involved have not been brought to justice.

“We also want to once again emphasise the demand for the government to involve NGOs in discussions to amend the PAA, in addition to urging the government to fulfil its promise to repeal draconian laws, including the Sedition Act.”

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

LCS scandal unresolved despite court win, says ex-Muda sec-gen

You forgot when you opposed Azam, Muda asks Harapan

LCS protest: Apex court to determine validity of peaceful assembly law

Draconian laws: NGOs 'ignored', PM reminded of GE pledge