THE Court of Appeal today dismissed an appeal by Putrajaya to increase the penalty against PKR leader Nik Nazmi Nik Ahmad, saying the government’s argument has no merit.

In 2016, the Shah Alam High Court fined the Pakatan Harapan (PH) Youth chief and Seri Setia assemblyman RM1,500 when he pleaded guilty, after being charged a third time with the same offence.

Putrajaya however appealed against the sentence, seeking a heavier penalty.

Nik Nazmi could have lost the right to contest in the 14th general election if the Court of Appeal had increased his fine to more than RM2,000 for organising the Blackout 505 rally at the Kelana Jaya Stadium in 2013.

The three-man panel, comprising Justice Yaacob Md Sam, Justice Abdul Karim Abdul Jalil and chaired by Justice Mohtarudin Baki, said that the previous High Court decision to fine Nik Nazmi RM1,500 for violation of Peaceful Assembly Act 2012 was by no means a sign of inadequacy.

“We unanimously decided that the deputy public prosecutor’s argument to set aside the High Court decision holds no merit,” said Mohtarudin.

Earlier, the panel heard arguments from both sides for 20 minutes before making their ruling.

The deputy prosecutor had argued that the decision made by the High Court judge does not consider public interest and does not deter others from committing the same offence.

The DPP also argued that Nik Nazmi, as a people’s representative, should set a good example and has failed to abide by a simple law.

She had asked for the fine to be increased to RM5,000.

Meanwhile, Nik Nazmi’s lawyer Syahredzan Johan argued that the High Court judge had considered everything before making his decision and not solely because Nik Nazmi could lose his seat if the fine were more than RM2,000.

Nik Nazmi said he hoped that the DPP will not take his case to the Federal Court.

“I hope this ends here. The assembly was in 2013 soon after the 13th general election. In a few months more we are going to have the 14th general election, so let’s move forward,” said Nik Nazmi.

A fine of more than RM2,000 by the appellate court would disqualify Nik Nazmi from becoming an elected lawmaker under Article 48 of the federal constitution.

Under Section 9(5) of the Peaceful Assembly Act, one can be fined for a maximum RM10,000 for failing to give police a 10-day notice before the rally.

Nik Nazmi’s concern is understandable as a legal precedent was set in 2015 when Johor PKR executive secretary R. Yuneswaran was similarly fined RM6,000 for organising a rally without giving police prior notice.

Yuneswaran was convicted by the Johor Sessions Court in 2013 but was acquitted by the Johor Baru High Court in 2014.

However, the Court of Appeal reinstated the Sessions Court’s sentence on Yuneswaran in 2015. – January 17, 2018.