Tuesday, September 4, 2012


KUALA LUMPUR: The prosecution amended the charge against opposition leader Datuk Seri Anwar Ibrahim and two others in relation to their participation in the Bersih 3.0 rally at Dataran Merdeka on April 28 to include the words "Section 147 of the Penal Code", which is the punishment for rioting. 

These words had been left out when they were charged under Section 109 in July, although the charge stated that the maximum punishment for the offence was two years' jail, or fine, or both, if found guilty.

Yesterday, head of prosecution with the Attorney-General's Chambers, Abdul Wahab Mohamed, informed the court of the amendment of the charge against Anwar, Parti Keadilan Rakyat deputy president Mohamed Azmin Ali and Rembau branch chief Badrul Hisham Shaharin, for abetting supporters of the rally, which resulted in the use of force and violence that day.

The trio had pleaded not guilty, which Anwar and Azmin maintained yesterday. Badrul Hisham was not present at court and had tendered his medical certificate through a lawyer.

In May, the trio were charged under the Peaceful Assembly Act with violating a court order by taking part in the rally.

They were also jointly charged with abetting three individuals in disobeying the court order.

They had claimed trial to the charges.

Yesterday, Anwar's lawyers, Karpal Singh and Ramkarpal Singh, applied to Sessions judge Mahmud Abdullah to allow their application to strike out the charges to be heard at the High Court as they involved questions of law regarding the Federal Constitution.

The court allowed Wahab's application for time to reply to Anwar's application and fixed Sept 13 to hear the prosecution's objection.

Outside court, Ramkarpal said the defence's contention was that provisions under the Peaceful Assembly Act were unconstitutional.

Ramkarpal said that another point raised in Anwar's application to strike out the charges was based on the fact that Anwar's name was not mentioned in the court order, which prohibited participation at the rally.



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