KUALA LUMPUR: Activist and former Muda secretary-general Amir Hariri Abd Hadi has been acquitted by a Magistrate’s Court here of a charge of failing to give notice to police of a rally in 2022.
Magistrate Farah Nabihah Muhamad Dan made the order of a discharge and acquittal (DNA) on Friday (Aug 8) after allowing an application by deputy public prosecutor Anis Wahidah Mohamad to withdraw the case against Amir.
The withdrawal follows the Federal Court’s decision that held Section 9(5) of the Peaceful Assembly Act 2012 (PAA) to be unconstitutional.
“After hearing submissions from both parties as well as the decision by the Federal Court, I am informed that the case was remitted from the High Court back to me to decide.
“The prosecution has not received any instruction to re-charge the accused; therefore, the court is giving the order of a discharge and acquittal and for the bail money to be returned fully,” the magistrate said.
Lawyer Rajsurian Pillai represented Amir during the proceedings.
In Aug 26, 2022, Amir claimed trial at the Magistrate’s Court to a charge of failing to notify the authorities about the #ManaKapalLCS (Where are the littoral combat ships) protest held in the city.
He faced a maximum RM10,000 fine if convicted.
Amir was accused of being involved in organising a protest in front of Sogo, within the Dang Wangi police district, at around 2pm on Aug 14 that year.
He, as the organiser, was alleged to have failed to notify police about the protest five days before it took place.
On July 1 this year, a five-judge panel of the Federal Court ruled that a provision under Section 9(5) of the Peaceful Assembly Act 2012, which penalised an organiser who failed to provide the police with a five-day prior notice before holding an assembly, is unconstitutional.
Former Chief Justice Tun Tengku Maimun Tuan Mat, who chaired the panel, said that Section 9(5) of the PAA is unconstitutional as it is inconsistent with Article 10(2)(b) read with Article 8(1) of the Federal Constitution.
