KUALA LUMPUR (Aug 8): Malaysian United Democratic Alliance’s (Muda) former secretary general Amir Hariri Abd Hadi has been acquitted in his criminal case for failure to notify the police of a 2022 assembly.
The court took into account the defence's submission for an acquittal and the Federal Court's decision on Clause 9(5) of the Peaceful Assembly Act 2012, Amir Hariri's lawyer Rajsurian Pillai said on the Friday's decision when contacted by The Edge.
Further, "there is no indication that [Amir Hariri] would be charged any time in the future", Rajsurian said.
Friday's verdict by Magistrate Farah Nabihah Muhamad follows the apex court's July judgement that ruled that it is unconstitutional to criminalise organisers of peaceful assemblies for failing to give notice of the assembly to the authorities.
A five-member apex court panel, led by then-Chief Justice Tun Tengku Maimun Tuan Mat, had in July unanimously struck out Clause 9(5) of the Peaceful Assembly Act 2012 which stipulates that an organiser can be fined up to RM10,000 for failing to notify the police five days prior to the planned gathering.
Among others, Tengku Maimun had said that the Act was passed with the "noble intention" of preserving the right to peaceful assembly guaranteed by the constitution. However, to criminalise the organiser for failure to adhere to the notice period was not consistent with that goal.
Amir Hariri was charged in August 2022, as the organiser of the rally, with failing to notify Dang Wangi district police five days prior to holding an assembly in front of Sogo Complex in Jalan Tuanku Abdul Rahman.
The assembly was held on Aug 14 that year, demanding answers from the government regarding the littoral combat ship project acquisition. Amir Hariri claimed trial to charge.
In August last year, the High Court had allowed Amir Hariri’s application to refer two constitutional questions to the Federal Court. The questions were on whether Section 9(5) of the Peaceful Assembly Act 2012 violates the right to freedom of assembly enshrined in the Federal Constitution.