A district police chief told the sessions court in Kuala Lumpur today that he did not object to last year's Black505 rally, but only gave what he thought was “lawful advice” to the organisers.

Dangi Wangi district police chief ACP Zainuddin Ahmad, who had earlier testified that
police did not approve the rally as notification was incomplete without permission from the KL City Hall (DBKL) to use Padang Merbok, retracted his stand after being challenged by the defence.

Zainuddin (right) made the retraction after Gobind Singh Deo, defence counsel for two opposition MPs charged with violating the Peaceful Assembly Act (PAA) 2012 for going ahead with the Black505 rally at Padang Merbok without police approval on June 22 last year, challenged his interpretation of the PAA.

This came after the prosecution team submitted two six-minute video recordings as evidence against PKR director of strategy and Pandan MP Rafizi Ramli, DAP’s Seremban MP Anthony Loke Siew Fook, PAS’ Batu Burok assemblyperson Syed Azman Ahmad Nawawi and PKR employee Muhammad Adib Ishar in violating the PAA.

Zainuddin said he did receive notification but maintained that it was invalid.

"I can't say I didn't receive because I received notification (of the assembly). It's not valid because it didn't follow the law, but I didn't object, I only advised," he said.

He did not approve the rally because DBKL, which "owned" Padang Merbok, did not approve the use of the site.

Gobind then interjected to say that whether the application to hold the rally was “invalid” was not for Zainuddin to make but for a court to decide.

Zainuddin agreed, to which Gobind argued that since the police did not officially object, the PAA also automatically grants permission to rally organisers to carry on.

Earlier, Zainuddin testified that he himself went down to Padang Merbok to help police the event, which ended peacefully despite thousands of people attending.

Challenging Zainuddin's interpretation of the PAA, Gobind showed the court a land gazette notification that stated DBKL only "guarded" but did not own public parks such as Padang Merbok.

Therefore, Gobind argued, the rally organisers did not need DBKL’s permission under the PAA.

Rafizi, Loke, Syed Azman and Muhammad Adib are being charged under section 15(3) of the PAA for not complying with police orders and not seeking the consent of the owner of the field in holding the rally.

"You just confirmed that after receiving notification, you didn't exercise powers (to block the rally)...therefore Section 15 does not arise," Gobind said.

The sessions court earlier viewed video footage showing the police advising the Pakatan Rakyat representatives to seek DBKL approval for the use of Padang Merbok on June 22 last year - or to postpone the event.

In the videos, recorded by police photographer Corporal Anthony Yayaun on June 5 and June 12, Muhammad Adib is seen with police officers at the Dang Wangi police station.

"We can't process your application because there is no letter of approval (to use Padang Merbok) as a venue for the assembly," Zainuddin is heard saying.

Under cross-examination by Rafizi's lawyer Eric Paulsen, Yayaun said this was the first time he had recorded a video involving a permit application.

When Paulsen put it to him that it was unusual, Yayaun protested: “What's so unusual? This is my work. I am a police photographer, not any street snapper.”

Under further questioning, Yayaun admitted that he did not know if all such meetings were recorded by the police.

He also agreed that Muhammad Adib had acted only as a "messenger" and that he had not negotiated for a permit during the short meeting.

Rafizi, Loke (left) and Syed Azman were named as signatories to the application to hold the rally.

If found guilty and fined the maximum of RM10,000, Rafizi and Loke will lose their parliamentary seats.

The trial before sessions judge Mat Ghani Abdullah resumes tomorrow with further cross-examination Zainuddin to be put on the stand again for more cross-examination.