PETALING JAYA, Nov 3, 2015:
The Sessions Court here today has transferred the case of Seri Setia assemblyman Nik Nazmi Nik Ahmad, who was charged for an offence under the Peaceful Assembly Act (PAA), to the Shah Alam High Court.
Sessions Court judge Abu Bakar Manat allowed the transfer requested by the prosecution after dismissing the preliminary objections raised by Nik Nazmi’s counsel Syahredzan Johan on Oct 26.
In dismissing the preliminary objections, Abu Bakar said there was no double jeopardy in the charge against Nik Nazmi.
“The accused has never been tried before under section 9 (1) of the PAA.
“Therefore, the re-charge against the accused is valid and does not contradict with article 7(2) of the Federal Constitution,” he said.
Article 7(2) states that those who have been acquitted or convicted of an offence shall not be tried again for the same offence unless a higher court orders a re-trial or the accused’s conviction or acquittal were set aside.
Subsequently, deputy public prosecutor Wan Shaharuddin Wan Ladin asked the court to transfer the case to High Court following a sanction issued by the Attorney-General’s Chambers (AGC).
He said the transfer was done in accordance with section 177 of the Criminal Procedure Code (CPC).
Despite the request meeting with objections from Syahredzan, the court proceeded and allowed the transfer of the case to Shah Alam High Court.
When met outside the courtroom, Syahredzan expressed disappointment as the DPP has “sprung a surprise transfer” of the case to the High Court without prior notification.
He said the transfer meant that it would be academic to file a revision of the Sessions Court dismissal on the preliminary objections today.
Meanwhile, Nik Nazmi said the charge against him was time consuming as he had to attend the state assembly during the ongoing court proceedings.
Nik Nazmi, who is also the PKR Youth chief, was acquitted by the Court of Appeal in April last year for his offence under section 9(1) of PAA that is punishable under section 9(5) of the same act.
Subsquently, he was also given a discharge not amounting to acquittal (DNAA) by the Sessions Court in May last year.
He, however, was charged again in Oct 6 this year for the same offence for organising the Black 505 rally at the Kelana Jaya Stadium three days after the 13th general election on May 5.