KUALA LUMPUR: The Sessions Court here yesterday set Jan 4 to decide on a preliminary objection by the prosecution on an application by opposition leader Datuk Seri Anwar Ibrahim pertaining to a prohibition order issued by a magistrate on the Bersih 3.0 rally at Dataran Merdeka last April 28 and May 1.
Judge Mahamud Abdullah set the date after hearing submissions by the defence, led by lawyer Ram Karpal Singh.
The lawyer submitted that the preliminary objection by the prosecution was premature.
On Nov 7, the prosecution, represented by deputy public prosecutor Mohamad Hanafiah Zakaria, in a preliminary objection against the application, told the judge that Sessions Court had no jurisdiction to set aside or annul an order issued by a lower court (magistrate).
On May 28, Anwar filed an objection against the order issued by Magistrate Zaki Asyraf Zubir which barred him from attending or participating in any rally at Dataran Merdeka here, between April 28 and May 1, 2012.
He sought to nullify the order.
On May 22, Anwar, Parti Keadilan Rakyat (PKR) deputy president Mohamed Azmin Ali, 48, and Rembau PKR branch chief Badrul Hisham Shaharin 34, were charged with taking part in street demonstrations which allegedly led to chaos in the city.
The three also faced a second charge of conniving with Tangam Raju, Rajesh Kumar Gejinder and Farhan Ibrahim through by inciting them to remove steel barricades at Jalan Raja here on the same day.
They were the first to be charged under Section 4(2)(c) of the Peaceful Assembly Act 2012, which carries a fine of up to RM10,000 upon conviction.
On July 2, the trio also faced a third charge of conspiring with Tangam, Rajesh, Farhan and supporters of ‘Gabungan Pilihan Raya Bersih dan Adil (Bersih 3.0)’ for defying a Magistrate’s Court order dated April 26 banning the rally from being held at Dataran Merdeka from April 28 to May 1, 2012. — Bernama