Pakatan MPs and student activists charged over Padang Merbok rally

KUALA LUMPUR, July 24 – In an apparent continuation of the crackdown on Pakatan Rakyat (PR) politicians and their supporters, seven individuals were today charged with breaching the Peaceful Assembly Act 2012  over last month’s “Black 505” rally at Padang Merbok.

DAP’s Seremban MP Anthony Loke and PKR’s Pandan MP Rafizi Ramli, both seen as rising stars within their parties, had their charges read out to them together with a PKR secretariat staff, Muhammad Adib Ishar.

All three pleaded not guilty to the main charge under Section 15 (3) PAA and the alternative charge under Section 9 (1) of the same Act, both carrying a fine of up to RM10,000 upon conviction.

A conviction over these two offences could possibly see Loke and Rafizi stripped of their MP posts in Parliament as local election laws state that any lawmaker who is fined RM2,000 and above for any offence would be automatically disqualified.

Section 15(3), which covers restrictions and conditions in the organisation of mass public gatherings stipulates that, “any person who fails to comply with any restrictions and conditions under this section commits an offence and shall, on conviction, be liable to a fine not exceeding RM10,000”.

The trio had allegedly failed to fulfil Dang Wangi police officer ACP Zainuddin Ahmad’s condition to obtain permission from Kuala Lumpur City Hall (DBKL), the administrators for Padang Merbok, to use the field in the city centre here for the June 22 rally.

They are also alleged to have breached Section 9 (1) by purportedly failing to give a 10-day notice of the rally to the police, an offence punishable under Section 9 (5).

All three were released on personal bond with a bail of RM5,000 each.

The hearing before Sessions Court judge Mat Ghani Abdullah will be on October 7 and 8 as well as December 9 and 10.

Student activists Adam Adli Abdul Halim, Safwan Anang, Ehksan Bukharee Badarul Hisham and Bukhairi Sufian were charged with violating Section 4 (2) (b) of the PAA after they allegedly joined a rally at a mosque, which is listed as a prohibited place for public assemblies in Schedule 1 of the Act.

The offence is punishable under Section 4 (3) of the same Act, where a fine of up to RM20,000 can be imposed upon conviction.

On June 22, the student activists were said to have participated in a rally at Masjid Ar-Rahman at Universiti Malaya, one of the meeting points for the gathering at Padang Merbok.

The four claimed trial and were released on a personal bond with a bail of RM2,000 each.

Their trial before the same judge is set to be heard on October 21 to 24.

Case management for all the cases will take place on September 23.

Key PR leaders such as Opposition Leader Datuk Seri Anwar Ibrahim, PKR president Datuk Seri Wan Azizah Wan Ismail and DAP parliamentary leader Lim Kit Siang were present in the courtroom to lend their support to the seven accused.

After Election 2013, PR lawmakers filed court petitions and hosted a series of mammoth rallies dubbed “Black505” to protest the results of the national polls and push their agenda for electoral reform.

According to the federal opposition pact and its supporters, the May 5 polls resulted in a Barisan Nasional (BN) victory because of widespread fraud, electoral irregularities and unfair gerrymandering.

“Black505” was created as a movement of protest against these allegations of fraud and in the weeks following the general election, more than 10 such events were held nationwide, each drawing mammoth crowds of tens of thousands of people.

But the rallies also triggered a widespread crackdown on PR leaders and their supporters, with scores of politicians and activists being hauled in for investigation, some even being detained overnight in police lock-ups.

PKR communications director Nik Nazmi Nik Ahmad was the first to face charges under the PAA2012 over a “Black 505” rally. On May 17, he claimed trial to charges accusing him of failure to give sufficient notification for the Kelana Jaya stadium protest on May 8.

In the following weeks, six others faced similar charges for gatherings in Perak, Johor, Pahang and Negri Sembilan.

The Padang Merbok rally on June 22 is the final one of the “Black 505” rallies.