Two MPs acquitted of illegal assembly charge

KUCHING: Two opposition MPs have been acquitted of an illegal assembly charge after the Sessions Court ruled that they had no case to answer.

DAP’s Bandar Kuching MP Chong Chieng Jen and Stampin MP Julian Tan were charged under the Peaceful Assembly Act with taking part in an illegal street protest from Hilton Hotel to the Song Kheng Hai rugby field during the Bersih rally here on Aug 29, 2015.

Judge Steve Ritikos found that the walk from the hotel to the rugby field was not a street protest.

He said the field was an approved venue for the rally, while the hotel was one of four designated parking areas for participants.

“I do not see how the movement of the two accused and the crowd from Hilton to the Song Kheng Hai field is a street protest. The designated event was at the field. It does not mean that if you meet at Hilton, that is where the street protest starts.

“The purpose of meeting at Hilton was to park their cars and then walk to Song Kheng Hai,” Ritikos said in his ruling yesterday.

As such, he found that the prosecution had failed to prove a prima facie case against Chong and Tan, whom he then discharged and acquitted.

Lead defence counsel Gobind Singh Deo said this was an important decision because it defined the meaning of a street protest under the Peaceful Assembly Act.

“The learned judge quite clearly said there is a distinction to be made where persons meet and move towards an event as opposed to a street protest.

“What happened that day clearly shows it was not a street protest. We have maintained that from the beginning and all of us are relieved that the judge, after hearing evidence, ruled in our favour,” he said.

Chong said he was glad the case was over, adding: “I still maintain that this was political persecution from the start, whereby the organiser was not charged but the participants were.”

sharonling@thestar.com.my