Judge ticks off Nik Nazmi's lawyer as 'stubborn'

Lawyer Eric Paulsen claimed that Shah Alam High Court judge, Noor Azian Shaari, may have acted unprofessionally today in calling him stubborn several times.

Paulsen was submitting to strike out a Peaceful Assembly Act charge faced by Seri Setia assemblyperson Nik Nazmi Nik Ahmad (left).

He is charged, as an organiser of the Blackout 505 rally, with failing to notify the Petaling Jaya police on the venue of the protest within the stipulated period of 10 days before the assembly.

He is alleged to have committed the offence at the Petaling Jaya City Council Stadium (MBPJ) in Kelana Jaya on May 8.

Nik Nazmi, 31, stands to lose his seat if convicted and could stand to face a maximum fine of RM10,000.

Paulsen said he was submitting that the charge was politically motivated but Justice Noor Azian did not want to hear this point as she had already decided on this issue and dismissed it in a previous case.

She claimed this argument was just asam garam (added flavour), saying it should have been brought up at the lower court when Nik Nazmi was charged, said Paulsen (right).

He tried to continue on this point only to be told that he was "stubborn".

"I told her that her judgment in that other case she decided earlier was on different grounds.

"This concerns the PAA, while that was under the Sedition Act and cases should be heard on their individual factual matrix and merits."

However his argument was to no avail.

"It was as if the judge had already decided in this case," he mused.

Argument dismissed

Besides this point, fellow lawyer Syahredzan Johan (left) submitted that the 10 day requirement for the organiser to inform the police under Section 9 of the PAA, was ultra vires of the constitution under Article 10 on Freedom of Assembly.

However, Justice Noor Azian dismissed this argument, holding that the Section 9 requirement was reasonable and did not violate the constitution.

As a result, the judge dismissed Nik Nazmi's attempt to strike out the charge under the PAA application and ordered the matter to proceed to trial.

Paulsen said they will appeal today's decision and hoped the Court of Appeal would provide them a better hearing.

DPP Wan Shahruddin Wan Ladin appeared for the prosecution.