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12 PAS supporters given reduced sentence for illegal assembly
PUTRAJAYA, March 18, 2015:
Twelve PAS supporters were given a reduced sentence of 10 months imprisonment for participating in an illegal assembly in 2009 to obstruct the swearing-in ceremony of Perak Menteri Besar Datuk Seri Dr Zambry Abdul Kadir.
A three-member Court of Appeal panel, chaired by Datuk Wira Mohtarudin Baki, while maintaining the Sessions Court’s decision to find them guilty on the charge, reduced the initial two-year jail term to 10 months.
Nevertheless, the panel which also comprised justices Datuk Ahmadi Asnawi and Datuk Abdul Rahman Sebli, retained the RM5,000 fine which was imposed by the Sessions Court on each of them.
The PAS supporters were Bad Latif Mansor, 49, Suhana Abdullah, 50, Meor Safizal Meor Mohamed Amin, 40, Mohd Faiz Mohd Arshad, 28, Zulhaizam Zulkifli, 31, Isha Riduan Ishak, 60, Adi Hilme Mohd Nasir, 45, Yusuf Jaafar, 50, Mohamad Nazeer Hameed, 49, Khairul Azmi Hassan Basri, 50, Mohd Hasri Ismail, 49, and Mohamed Ismail S. M. Abdul Kadir, 49.
Abdul Rahman, who delivered the decision, said the assembly, in which the 12 took part was unlawful because it was intended to obstruct the legal process of the swearing-in ceremony and appointment of Dr Zambry as Perak Menteri Besar.
He said the court was of the view that since the assembly was unlawful, police were authorised to use force to disperse the crowd if its order for dispersal was ignored.
He added that although participating in a peaceful assembly was allowed by virtue of Article 10 (b) of the Federal Constitution, it was not an absolute right.
Abdul Rahman said an assembly which caused disturbance and disorder was not a peaceful rally and those who took part in the rally could not use Article 10 (b) to protect themselves.
On the jail sentence, he said the two-year jail term imposed by the Sessions Court was excessive and the court was of the view that an appropriate jail term was 10 months.
Abdul Rahman ordered the 12 to begin their sentence from today.
The panel had unanimously dismissed the appeal brought by 10 of them against their conviction on a charge of taking part in an illegal assembly to obstruct the oath-taking and swearing-in ceremony of the Menteri Besar at 3.30pm on Feb 6, 2009.
At the same time, the court allowed the prosecution’s cross-appeal to set aside the High Court’s decision to acquit two of the 12 individuals — Meor Safizal and Yusuf — on the charge.
The 12 were sentenced to two years’ jail by the Sessions Court in Kuala Kangsar, Perak, on Sept 13, 2013 when they were found guilty of the charge.
They subsequently filed an appeal at the Taiping High Court which had on June 26, 2014 retained the conviction of 10 of them, but acquitted Meor Safizal and Yusuf.
Lawyer Salim Bashir represented Mohamad Nazeer while Aminudeen Zulkipli was counsel for the other 11. Deputy Public Prosecutor Fairuz Johari appeared for the prosecution.