Maria Chin freed of PAA charges

PUTRAJAYA: Activist Maria Chin Abdullah will not face charges relating to the 2015 Bersih 4.0 rally after the Federal Court on Wednesday decided it had no jurisdiction to hear the Government’s appeal.

Chief judge of Sabah and Sarawak Justice Richard Malanjun, who chaired a five-man panel, made the order after striking out the Government’s appeal, saying the case which started at the Sessions Court should end at the Court of Appeal. Other judges were Justices Zainun Ali, Ramly Ali, Zaharah Ibrahim and Alizatul Khair Osman Khairuddin.

The Government had appealed against the earlier Court of Appeal decision striking out Bersih 2.0 chairman Maria’s charge under the Peaceful Assembly Act (PAA).

With the decision, Maria, 61, will not face trial to a charge under Section 9(5) of the Peaceful Assembly Act 2012.

She was charged with failing to give notice to the Brickfields district police 10 days before organising the Bersih 4 rally in front of NU Sentral Shopping Complex, Jalan Tun Sambanthan at Brickfields between 2pm and 3pm on Aug 29, 2015.

Earlier, deputy public prosecutor Awang Armadajaya Awang Mahmud said Maria could not be charged retrospectively under Section 9 of the Peaceful Assembly Act as it had been declared unconstitutional and null and void. (The Court of Appeal in April 2014 had ruled Section 9(5) of the PAA as unconstitutional in the Nik Nazmi Nik Ahmad case.)

Maria, when met after the proceedings, welcomed the decision.