Court allows prosecution's objection over Anwar's bid
BernamaPublished: Jan 4, 2013 5:56 PM | Updated: Jan 4, 2013 5:58 PM
The Sessions Court in Kuala Lumpur today allowed a preliminary objection by the prosecution on an application by opposition leader Anwar Ibrahim pertaining to a prohibition order issued by a magistrate on the Bersih 3.0 rally at Dataran Merdeka on April 28 and May 1 last year for two of the four charges made against him to be dropped.
Judge Mahmud Abdullah, in his judgment, said the Sessions Court had no jurisdiction to review an order issued by a magistrate or to declare it as invalid.
The Sessions Court in Kuala Lumpur today allowed a preliminary objection by the prosecution on an application by opposition leader Anwar Ibrahim pertaining to a prohibition order issued by a magistrate on the Bersih 3.0 rally at Dataran Merdeka on April 28 and May 1 last year for two of the four charges made against him to be dropped.
Judge Mahmud Abdullah, in his judgment, said the Sessions Court had no jurisdiction to review an order issued by a magistrate or to declare it as invalid.
He said such an application came under the purview of the High Court.
“As such, the court allows the preliminary objection by the respondent (prosecution) and dismissed the plaintiff’s (Anwar) application,” he added.
Mahmud set Feb 28 for mention, pending a decision by the High Court on Anwar’s application to drop the charges against him and on issues of law.
On Nov 7, the prosecution, represented by deputy public prosecutor Mohamad Hanafiah Zakaria, in a preliminary objection against the application, told the judge that Sessions Court had no jurisdiction to set aside or annul an order issued by a lower court (magistrate).
When the case came up for hearing last Nov 21, lawyer Ram Karpal Singh, representing Anwar, submitted that the preliminary objection by the prosecution was premature.
On May 28, Anwar filed an objection against the order issued by magistrate Zaki Asyraf Zubir which barred him from attending or participating in any rally at Dataran Merdeka in Kuala Lumpur, between April 28 and May 1, 2012.
He sought to nullify the order.
On May 22, Anwar, Parti Keadilan Rakyat (PKR) deputy president Mohamed Azmin Ali, 48, and Rembau PKR branch chief Badrul Hisham Shaharin 34, were charged with taking part in street demonstrations which allegedly led to chaos in the city.
The three also faced a second charge of conniving with Tangam Raju, Rajesh Kumar Gejinder and Farhan Ibrahim through by inciting them to remove steel barricades at Jalan Raja in Kuala Lumpur on the same day.
They were the first to be charged under Section 4(2)(c) of the Peaceful Assembly Act 2012, which carries a fine of up to RM10,000 upon conviction.
On July 2, the trio also faced a third charge of conspiring with Tangam, Rajesh, Farhan and supporters of ‘Gabungan Pilihan Raya Bersih dan Adil (Bersih 3.0)’ for defying a magistrate’s court order dated April 26 banning the rally from being held at Dataran Merdeka from April 28 to May 1, 2012.
- Bernama
Judge Mahmud Abdullah, in his judgment, said the Sessions Court had no jurisdiction to review an order issued by a magistrate or to declare it as invalid.
He said such an application came under the purview of the High Court.
“As such, the court allows the preliminary objection by the respondent (prosecution) and dismissed the plaintiff’s (Anwar) application,” he added.
Mahmud set Feb 28 for mention, pending a decision by the High Court on Anwar’s application to drop the charges against him and on issues of law.
On Nov 7, the prosecution, represented by deputy public prosecutor Mohamad Hanafiah Zakaria, in a preliminary objection against the application, told the judge that Sessions Court had no jurisdiction to set aside or annul an order issued by a lower court (magistrate).
When the case came up for hearing last Nov 21, lawyer Ram Karpal Singh, representing Anwar, submitted that the preliminary objection by the prosecution was premature.
On May 28, Anwar filed an objection against the order issued by magistrate Zaki Asyraf Zubir which barred him from attending or participating in any rally at Dataran Merdeka in Kuala Lumpur, between April 28 and May 1, 2012.
He sought to nullify the order.
On May 22, Anwar, Parti Keadilan Rakyat (PKR) deputy president Mohamed Azmin Ali, 48, and Rembau PKR branch chief Badrul Hisham Shaharin 34, were charged with taking part in street demonstrations which allegedly led to chaos in the city.
The three also faced a second charge of conniving with Tangam Raju, Rajesh Kumar Gejinder and Farhan Ibrahim through by inciting them to remove steel barricades at Jalan Raja in Kuala Lumpur on the same day.
They were the first to be charged under Section 4(2)(c) of the Peaceful Assembly Act 2012, which carries a fine of up to RM10,000 upon conviction.
On July 2, the trio also faced a third charge of conspiring with Tangam, Rajesh, Farhan and supporters of ‘Gabungan Pilihan Raya Bersih dan Adil (Bersih 3.0)’ for defying a magistrate’s court order dated April 26 banning the rally from being held at Dataran Merdeka from April 28 to May 1, 2012.
- Bernama
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