THE Kuala Lumpur magistrate’s court today refiled charges against Bersih 2.0 chairman Maria Chin Abdullah, secretariat Mandeep Singh and Bayan Baru MP Sim Tze Tzin for taking part in an unlawful assembly.

Lawyer Vince Tan, representing Mandeep and Maria, said the three were charged again under Section 4(2)(c) of the Peaceful Assembly Act by the Attorney-General’s Chambers.

“The courts had previously dropped the charges on August 28, when the defence team was ready for trial, but the deputy public prosecutor’s absence led to the discharge of the three, not amounting to an acquittal.

“Today, the deputy public prosecutor decided to recharge them,” he said at the Kuala Lumpur court complex.

The trio are being charged for allegedly organising the #KitaLawan street protest from Jalan Tun Perak to the Sogo shopping mall between 3.15pm and 6pm on March 28 two years ago.

Tan said a fourth person, activist Mohd Fariz Abd Talib, was not charged again.

“The courts also decided to maintain bail at RM500, which was paid in 2015.

“This is a new case with the same charge. The case will be rementioned on November 3.”

Deputy public prosecutor Mohd Safarizal Zakaria had asked magistrate Ahmad Solihin Abd Wahid to impose a RM5,000 bail, but the request was turned down.

Lawyer Rajsurian Pillai, representing Sim, said the charge brought against the trio was the same as in 2015.

“They were previously discharged because the deputy public prosecutor didn’t attend the trial in August and the magistrate was angry, and therefore, she dismissed the case.

“However, despite the dismissal, the deputy public prosecutor can still charge the three if he chooses to.

“I believe on the first day of the hearing, one of the prosecutors was on medical leave and another was on holiday.”

Sim said they were disappointed with the charge because they were merely standing up for the rakyat and demanding justice during the rally.

“The objective of the rally was also to speak out against the goods and services tax. That’s why young people had organised the rally, and we went to support them.

“However, we were charged, which is against the spirit of the Constitution, which guarantees (the right to hold a) peaceful assembly.”

Sim said the Peaceful Assembly Act was being abused to oppress opposition and civil society leaders.

“We can see that many people have been arrested and charged under the act. It is being misused and abused, and has become an oppressive tool used by the government.”

Maria said being charged again was an abuse of the judicial process.

“This is a waste of our time and taxpayers’ money. After two years, we have to start this nonsense all over again.”

She said it was disappointing that the Attorney-General’s Chambers and police had failed to understand the Constitution and the rights of the people.

“They have taken advantage of the process, and it is not only this case, but many other cases. This unjust system has to end.”

Mandeep said such intimidation would continue, and believes that the move is also to prevent other opposition MPs from contesting in the next general election.

“We will not stop organising rallies. We will continue to do so, and we hope the people will come out and support us.” – October 4, 2017.