PUTRAJAYA, July 18 The Appeals Court here today threw out a interest brought by sixteen people, together with PAS deputy president Mohamad Sabu, Batu Member of Parliament Chua Tian Chang as well as Padang Serai Member of Parliament N. Gopalakrishnan, to overturn a High Court preference ordering them to enter their counterclaim upon charges of participating in a 2007 Bersih rally. Justice Datuk K. N. Segara, chairing a three-member panel, struck out their interest after allowing a prosecution's rough objection which they did not have a right to interest as a matter was interlocutory in nature and, hence, not appealable.
Following this decision, Mohamad Sabu (better known as Mat Sabu,picture), Chua (better known as Tian Chua), Gobalakrishnan, Mohd Salim Yeslam, Ahmad Razali Abd Rahman, Razali Abdul, Muhd Harith Fatillah Shahabudin, Saleh Mohamad Tahir, Azahar Yusop, Sulaiman Ahmad, Taib Abdullah, Mohd Abi Salam Ariffin, Ishak Othman as well as Mohd Zad Abdullah as well as dual juveniles, will have to make their counterclaim in a Kuala Lumpur Sessions Court.
Their box is scheduled for discuss during a Sessions Court upon Aug 29.
Justice Segara, who presided upon a panel with Datuk Azhar Ma'ah as well as Datuk Lim Yee Lan, hold which they were firm by a Federal Court's preference in Public Prosecutor vs Letchumanan Suppiah, which hold which a preference made in a march of a hearing where a rights of a chairman was not been entirely disposed off was not appealable by trait of Section 3 of a Courts of Judicature Act (CJA) 1964.
The panel additionally took note of a submission by lawyer Nasar Khan Mirbas Khan, representing fourteen of a appellants, which Section 3 of a CJA was a bad law because a outcome of which section meant which a charge could lodge an interest with a Appeals Court opposite a c! ourt's p reference acquitting a appellants during a tighten of a prosecution's case, though a appellants could not do a same if a court did not rule in their favour.
Justice Segara said a only recourse was to bring a matter to Parliament.
Lawyer Jason Tay represented Tian Chua as well as Gobalakrishnan.
The group were alleged to have participated in a unlawful assembly organized by Gabungan Pilihan Raya Bersih dan Adil (Bersih) during multiform places together with a National Mosque compound, Jalan Istana Baru, Jalan Raja Laut as well as beside a Sogo department store in Jalan Tuanku Abdul Rahman in between 1pm as well as 4pm upon Nov 10, 2007.
They were charged underneath Sections 143 as well as 145 of a Penal Code, with alternative charges underneath Section 27(4) (a) of a Police Act 1967.
The limit prison sentence underneath Section 143, if convicted, is six months or a excellent or both. Under Section 145, a prison sentence is dual years or excellent or both. Section 27(5)(a) carries a RM10,000 excellent as well as prison of not more than a single year upon conviction.
The Sessions Court had upon Nov 19, 2010 clear as well as discharged a sixteen people during a tighten of a prosecution's box without ordering them to make their counterclaim though upon interest by a prosecution, a High Court overturned which preference as well as systematic them to do so. Bernama
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