21 May 2014
AG appeals against non-decision of PJ Sessions Court in Nik Nazmi’s case
Lawyers for Liberty is shocked to learn that the AG’s Chambers have appealed against the Sessions Court’s “decision” on 5 May 2014 to give effect to the landmark Court of Appeal’s Nik Nazmi judgment in discharging and acquitting him from the charge under Section 9(1) and 9(5) of the Peaceful Assembly Act 2012. Nik Nazmi’s solicitors Daim & Gamany received the Notice of Appeal today.
It is unfortunate that the AG’s Chambers have taken an obsessive interest in the Court of Appeal’s decision and have gone to incredible lengths to undermine it, through seeking postponements in several PAA cases at the lower courts (even though there is no longer an offence) and re-charging those who have been discharged or acquitted and making outrageous arguments in court without regard to basic principles of law including judicial precedent.
This appeal against the Sessions Court’s “decision” is clearly wrong in law, as the Sessions Court was merely giving effect to the Court of Appeal’s decision to discharge and acquit Nik Nazmi. This appeal is an act that can only be described as irrational and out of bounds as the Court of Appeal’s decision is still in force and has yet to be overturned by the Federal Court.
It cannot be over emphasised that the AG’s Chambers represents the State, the community at large and the interest of justice, and not the government of the day (or Barisan Nasional). This action by the AG’s Chambers smacks of desperation and sends the wrong message that the authorities will go to extraordinary lengths to prosecute the government’s political adversaries regardless of established principles and procedures in law.
The AG’s Chambers must stop this obsession to undermine the Court of Appeal’s decision through unfair tactics and arguments that can only bring disrepute into the administration of justice and instead work towards restoring public confidence of the rightful role of the AG’s Chambers, one that is dignified, just and free from political interference.
Lawyers for Liberty
21 May 2014
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