KUALA LUMPUR, April 15 – The Magistrate’s Court here today allowed the application by two activists charged under the Peaceful Assembly Act 2012 to refer their case to the High Court. Adam Adli Abd Halim, 26, and Mohd Fariz Abd Talib, 45, are challenging the constitutionality of the charge against them for allegedly participating in a street demonstration.
Magistrate Mohd Rehan Mohd Aris said the magistrate’s court did not have jurisdiction over cases involving the constitution. He said, therefore, the court will suspend the trial until the application is heard and disposed. He also added that June 21 is set for re-mention at the High Court.
Adam Adli and Mohd Fariz claimed trial on Sept 8, 2015 to joining an illegal rally on Feb 28 the same year, between 4 pm and 7.30 pm, which began from the Sogo Complex square, Jalan Tuanku Abdul Rahman and ended at the KLCC esplanade. The charge under Section 4(2)(c), punishable under Section 4(3), carries a fine of not more than RM10,000 upon conviction.
In their application, they want the court to determine whether Section 4(1)(c), 4(2)(c) and 4(3) of the Peaceful Assembly Act 2012 infringed on Article 8, 9 and 10 of the Federal Constitution. They were represented by counsel Eric Paulsen; deputy public prosecutor Raja Zaizul Faridah Raja Zaharudin appeared for the prosecution.