High Court: Police should have accepted Bersih 4.0 rally notice!

18 April 2016

No offence for the Bersih 4 rally but her application to strike out a charge under the PAA was dismissed because she had not given notice for a separate pre-rally gathering outside the Nu Sentral mall.

Mahkamah Tinggi bidas polis tak terima notis himpunan BERSIH

High Court raps police for not accepting Bersih 4 rally notice

The High Court in Kuala Lumpur today rapped the police for not accepting Bersih chairperson Maria Chin Abdullah’s notice to hold the Bersih 4 rally last August.

Justice Mohammad Shariff Abu Samah said it was clear from the defence’s additional affidavit that Maria had attempted to give notice for the rally in Dataran Merdeka to Dang Wangi district police chief Zainol Samah, as required by the Peaceful Assembly Act (PAA).

“The question is why didn’t the police accept the notice. This court has found no provision not to accept a notice,” Mohamad Shariff said.

Thus he said, as the attempt to give notice to the police was within the 10 day requirement, Maria had not committed an offence under Section 9(1) of the PAA.

However, he dismissed her application to strike out a charge under the PAA because she had not given notice for a separate pre-rally gathering outside the Nu Sentral mall.

https://www.malaysiakini.com/news/338210

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