KUALA LUMPUR: Bersih 2.0 chairman Maria Chin Abdullah is seeking to strike out her illegal assembly charge linked to the fourth iteration of the illegal rally held two days before Merdeka Day this year.
Her counsel Honey Tan Lay Ean informed Sessions Court judge Datuk Jagjit Singh that a notice of their striking-out bid was filed at the High Court Registry this morning.
Maria Chin, 59, was accused of failing to give a 10-day notice to the police before organising the Bersih 4.0 rally in front of the Nu Sentral shopping mall at Jalan Tun Sambanthan here, between 2pm and 3pm on Aug 29.
When met after proceedings, Tan said that her client seeks to strike out the charge as the rally took place when Section 9(5) of the Peaceful Assembly Act 2012 - which criminalises failure to give the 10-day notice - was still declared invalid by the Court of Appeal.
Tan was referring to the Court of Appeal verdict on April 25 last year - delivered in PKR Youth chief Nik Nazmi Nik Ahmad's illegal assembly appeal linked to the 2013 Blackout 505 rally - which struck down the provision as unconstitutional and void.
"When Bersih (4.0) happened, Section 9(5) was void," said Tan as Maria Chin looked on.
However when asked on the Court of Appeal's opposing verdict in an Oct 1 appeal by Johor PKR executive secretary R. Yuneswaran over a different illegal assembly case, Tan said they intend to argue before the High Court later that the new verdict should not be used as a reason to charge Maria Chin.
"Both cases (Nik Nazmi and Yuneswaran Court of Appeal decisions) are of equal standing," said Tan, adding that in such situations the court should favour the accused.
Tan said Sessions Court judge Datuk Jagjit Singh fixed Feb 29 next year for case management to inform the lower court of the outcome of the striking out bid at the High Court.
Deputy public prosecutor Afzainizam Abdul Aziz prosecuted today.