KUALA LUMPUR (March 20, 2013): The charges against Parti Keadilan Rakyat (PKR) deputy president Azmin Ali and its Rembau division chief, Badrul Hisham Shaharin, in relation to the Bersih 3.0 rally in April last year should be struck out as they are based on an invalid order, the High Court heard today.
Datuk Mohd Yusof Zainal Abiden, representing Badrul Hisham Shaharin,
also known as Chegubard, said there is no basis for the charges to
"The appellant cannot be charged with violating the order (by a magistrate)," said Yusof.
He said the order was issued without basis, unjustified and contrary to the law.
"It was issued without jurisdiction and therefore invalid, has no legal force and should be set aside," he said.
Badrul and Azmin had applied to the High Court to set aside an order
by magistrate Zaki Asyraf Zubir, prohibiting any assembly between April
28 and May 1 last year.
They are also asking all three charges to be struck out.
High Court judge Kamardin Hashim fixed April 19, 2013 to deliver his decision on the application.
Azmin and Badrul were jointly charged with inciting and abetting R.
Tangam, G. Rajesh Kumar, Farhan Ibrahim and five supporters of Bersih
3.0 who are still at large in violating a court order.
They are also accused of abetting and inciting Tangam, Rajesh and Farhan to breach a barricade around Dataran Merdeka.
On the third charge, Azmin and Badrul are alleged to have abetted
Tangam, Rajesh, Farhan and five Bersih 3.0 supporters who are still at
large in contravening the execution of the court order.
All the offences were alleged to have been committed at Jalan Raja
and Jalan Tun Perak between 2.30pm and 3pm on April 28 last year.