KUALA LUMPUR, Dec 10, 2015:
The High Court today upheld a RM1,900 fine each imposed on two PKR members, Mohd Nazree Mohd Yunus and Mohd Alfaizal Amjed, over their participation in an illegal assembly at a mosque during the “Blackout 505” rally two years ago.
Judge Datuk Siti Mariah Ahmad ruled that there was no error in the Sessions Court findings.
She dismissed the appeal by the prosecution after taking into consideration all the relevant factors.
Earlier, lawyers for the duo, A.Jeyaseelan and R.Thirukumaran acting for Mohd Nazree and Alfaizal respectively, urged the court to take into consideration that there was no evidence of any rioting or damage to public properties within the vicinity of the assembly before deciding on the sentence to be imposed.
The duo were charged under Section 4 (2) (b) of the Peaceful Assembly Act 2012 for gathering in an illegal assembly within the vicinity of Masjid Ar-Rahman, Universiti Malaya between noon and 1.15pm on June 22, 2013.
The section provides a maximum fine of RM10,000 if convicted.
Mohd Alfaizal and Mohd Nazree, members of Angkatan Muda Keadilan (AMK) initially pleaded not guilty to the charge but the duo later changed their plea to guilty before Sessions Court judge Mat Ghani Abdullah when the case was set for trial.
The Sessions Court then ordered the duo to pay RM1,900 each in default of two months’ jail.
DPP Ahmad Ishrakh Saad prosecuted.
After the 13th general election, the opposition held a series of Blackout rallies alleging fraud in the election.