The Kuala Lumpur High Court today allowed the appeal made by the Attorney-General's Chambers for a re-trial of seven former university students for illegal assembly.

The former varsity students, dubbed ISA 7, were ordered by the court this morning to enter their defence on the charge of unlawful assembly at the National Mosque five years ago. [view video clip]

They will have to enter their defence when the case is heard before the Magistrate's Court scheduled for March 13-16 next year.

However, only five of them turned up for the decision and mention of case today. All five were required to pay a bail of RM2,500 each.

The students present were Nik Norhafizi Nik Ibrahim, Zulkefle Idris, Rafzan Ramli, Helman Sanuddin and Khairul Amal Mahmud.

The two who did not turn up were Ahmad Kamal Abdul Hamid from Johor whose car broke down, and Wan Mohd Sanusi Wan Mohd Noor from Kelantan who claimed he did not receive the court notice.

Both of them were required to attend and hear the decision of the court on Nov 20.

In overruling the judgment of the Magistrate's Court last year to free the former students, the High Court judge said he based his ruling on the following five key elements:

  • It was an illegal assembly or gathering because there were more than three people who participated.

  • The assembly was not of a spontaneous nature but was planned.

  • There was no permit issued by the police for the assembly.

  • All the accused directly participated in the assembly.

  • Lastly, all of them took part in the assembly without any individual permit issued to them.

High Court judge Mohtarudin Bakri noted that the lower court had failed to consider the above elements when he made the ruling in April 2005.

Accurate meaning

Meanwhile, the judge also quoted the case of Siva Sagara Kanapathy Pillai vs Public Prosecutor in 1984, saying that it was the best case to refer to because it helped to interpret the meaning of illegal assembly in the most accurate manner.

Mohtarudin also stated that the magistrate also failed to consider that a 'human chain' - which included the seven accused at the assembly - was shouting provocative words such as 'Allah Akhbar' and 'Reformasi'

He reiterated that although they were asked to disperse by the police, they were unwilling to do so.

Hence, he said that based on the above facts, it was proven that it was not a spontaneous gathering but a planned assembly.

The seven were charged with illegal assembly in connection with a protest rally against the Internal Security Act (ISA) held outside the National Mosque on June 8, 2001.

They were acquitted by the Kuala Lumpur Magistrate's Court in April last year but the Attorney-General's Chambers filed an appeal three days later.

After their arrest, the students were barred from attending classes by their respective universities - Universiti Teknologi Malaysia (UTM), Universiti Teknologi Malaysia (UiTM), Universiti Malaya (UM) and Universiti Kebangsaan Malaysia. (UKM).

Unable to graduate, the students have since left their university to seek employment.

At the 2001 National Mosque demonstration, the students were protesting against the ISA detention of 10 reformasi leaders, including malaysiakini columnist Hishamuddin Rais.

The 10 were eventually freed after being held for up to two years without trial.





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