Court sets Sept 3 to hear Anwar’s applications to strike out charges
(Bernama) — The Sessions Court here has set Sept 3 to hear opposition leader Datuk Seri Anwar Ibrahim’s two applications to strike out the two existing charges he faces over the Bersih 3.0 gathering, while a fresh charge was brought against him today.
The court will also hear on the same day the prosecution’s preliminary objection over the applications.
Judge Mahmud Abdullah set the date today after Deputy Public Prosecutor (DPP) Abdul Wahab Mohamad informed the court about the additional charge against Anwar, Parti Keadilan Rakyat (PKR) deputy president Mohamed Azmin Ali and Rembau PKR head Badrul Hisham Shaharin.
Abdul Wahab also told the court that the prosecution had served a total of 30 affidavits related to the applications, and copies of the affidavits were served on the defence lawyers last Thursday.
“We had also filed on Friday our (prosecution) preliminary objection (PO) with regard to the two applications by Anwar’s lawyers.
“Although we had prepared to submit on the applications filed by the defence, the defence lawyers were only aware of our objection this morning and they need at least two weeks to a month to peruse and reply to all our affidavits,” Abdul Wahab said.
Anwar’s counsel Ram Karpal Singh said the defence needed more time as it wanted to amend the initial two applications given that Anwar faced another charge today.
“We need time to take further instructions from our client and study all the affidavits filed by the prosecution,” said Ram Karpal Singh.
Today, Anwar, Mohamed Azmin and Badrul Hisham were slapped with a third charge of abetting R.Tangam, G.Rajesh Kumar and Farhan Ibrahim together with other Bersih supporters to contravene the execution of a magistrate’s order which prohibited them from gathering at Dataran Merdeka on April 28.
DPP Ishak Mohd Yusoff told reporters later that the prosecution had raised objections on the issue that the court (Sessions Court) had no juridiction to hear such applications under Section 30 of the Courts of Judicature Act 1964.
On May 28, Anwar filed two applications to strike out the two charges he faces over the April 28 rally on grounds that they were improper and invalid.
On May 22, Anwar, Mohamed Azmin and Badrul Hisham were charged with participating in a street protest that resulted in chaos in the federal capital.
The trio also face a second charge of abetting Tangam, Rajesh Kumar and Farhan by inciting them to dismantle the metal barricade at Jalan Raja, here, on the same day.
They were the first group to be charged under Section 4(2)(c) of the Peaceful Assembly Act 2012 which carries a fine of up to RM10,000.
For the second charge, they are alleged to have committed the offence under Section 188 of the Penal Code which provides for a jail term of up to six months or a fine of up to RM2,000, or both.
