Ong Eu Leong, the organiser of the 505 Blackout rally in Batu Kawan in 2013, is determined to carry on the opposition's struggle, despite the threat of arrest still hanging over his head.
 
The PKR state secretary was charged under section 9(5) of the Public Assembly Act (PAA) in 2013 for organising the rally on May 11 without a police permit, and for not notifying the force 10 days before the event.
 
He was earlier today granted a discharge not amounting to an acquittal (DNAA) by the Penang High Court. However his spirits are still high, although he is not fully a free man, as technically he could be charged again.
 
By granting Ong a DNAA, as proposed by the prosecution, the Penang High Court has set aside his earlier acquittal on Jul 23 by the Butterworth Sessions Court.
 
"The authorities can hang a rope around our necks but it cannot stop our struggles, to fight unjust and oppressive laws in the country.
 
"The arrests and court cases involving opposition leaders and members are nothing but politically motivated, we consider it political persecution," he added.
 
The 505 Blackout rally which drew a crowd of 100,000, was held in Batu Kawan after the May 5 national polls in 2013.
 
Pakatan, led by parliamentary opposition leader Anwar Ibrahim had lashed out at the federal government for alleged election fraud which he claimed denied the coalition seizing Putrajaya.
 
Pakatan had won the popular vote of 52 percent against BN's 48 percent but since Malaysia practises the first past the post system, the coalition failed to get enough seats in the 222 seat Parliament to claim a majority.
 
Anwar, who is PKR defacto leader, is currently serving a five-year jail sentence in Sungai Buloh for sodomy.
 
"How can we stop when our boss is in jail, we will not stop our struggles even if they tie a rope around our necks," Ong asserted.
 
Judicial Commissioner Nordin Hassan ordered the DNAA to be granted to Ong, instead of maintaining the lower court judgment, based on the Criminal Procedure Code section 173(g).
 
Ong's counsel Lim Boon Beng had requested the court to grant an acquittal since section 9(5) of the PAA has been deemed "unconstitutional" by the Court of Appeal, which had earlier acquitted PKR Youth chief Nik Nazmi Nik Ahmad (left) of a similar charge.
 
"But the court said it could not grant an acquittal at this stage.
 
"The court said there is no process (to give an acquittal) under Criminal Procedure Code section 173(g) as a complete acquittal can only be given either at the close of the case or at the end of defence.
 
"But the court said it can grant DNAA at any stage of a case," Lim added.
 
Deputy public prosecutor Razali Che Ani appeared for the prosecution.
 
Lim said the court should abide by a higher court judgement, in this case, the Court of Appeal's decision to acquit Nik Nazmi.
 
"We should remember that Nik Nazmi was first charged at the session court and then released by the Court of Appeal.
 
"The Court of Appeal judgment - which decided that section 9(5) of the PAA was unconstitutional -  should be the final decision," he said.
 
Lim recalled that the Butterworth Session Court on July 23 last year, called for Ong's defence but acquitted him before hearing the defence since the Court of Appeal had decided on Nik Nazmi's case.
 
"By only granting a DNAA, the case is still pending as the prosecutor can recharge Ong in the future," Lim stressed.