Sabah Anti Graft Rally Organiser To Face Paa Penal Code Charges

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A student activist who coordinated the Gempur Rasuah Sabah protest rally on New Year’s Eve has been ordered to answer criminal charges in court in April.
According to Fadhil Kasim, the notice served by police yesterday stated that he will be charged under Section 9(5) of the Peaceful Assembly Act (PAA) and Section 509 of the Penal Code.
The provision under PAA stipulates punishment for the failure to give notification of assembly while Section 509 of the Penal Code criminalises the use of words or gestures to insult a person’s modesty.
Malaysiakini was informed that the charge under Section 509 pertains to Fadhil’s speech where he allegedly insulted Sabah governor Musa Aman.
Sabah governor Musa AmanThe activist said on Facebook that the notice was served to him at the Kota Kinabalu district police headquarters when he and several others were summoned for more questioning regarding the rally.
In his social media post, Fadhil also expressed his disappointment with the Attorney-General’s Chambers (AGC) decision to proceed with prosecution despite Prime Minister Anwar Ibrahim’s commitment to amend PAA and halt all investigations against protest organisers.
“Apparently, after the prime minister’s announcement in the Parliament, the police have referred back to the AGC regarding its order to prosecute me, but the AGC on Feb 17 replied to the police saying that it must proceed,” he said.
Adding further, Fadhil accused the federal government of being a “hypocrite”.
‘Is Anwar lying or just weak?’
In a similar tone, independent youth group Mandiri questioned if Anwar was lying or was such a weak leader that authorities could simply ignore his instructions.
In a statement, the group condemned the decision to charge Fadhil and urged the government to stop his prosecution.
“On Feb 13, Anwar himself announced in the Dewan Rakyat that all investigations against anti-corruption rallies organised by students would be halted and no action would be taken.
“He also announced a moratorium on PAA effective immediately. But, a student will still be charged in court for his involvement in a protest against corruption with charges under Section 9(5) of PAA regarding notification (to police).
“How dare they drag a student who fights against corruption and for transparency to court, when corruptors still roam free? Is this a sign that corruption is normalised in the country’s administration system?” said the statement.
Anwar last week announced a moratorium on Section 11 of the PAA concerning the requirement for rally organisers to seek permission from venue owners and occupants.
According to the prime minister, all ongoing investigations under Section 11 of the act would be halted, including those against organisers of two recent gatherings - the student-led anti-corruption in Kuala Lumpur last month and the recent protest outside Sungai Buloh prison.
However, he stressed that rally organisers are still required to notify the police according to PAA. - Mkini

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