Media statement by M. Kula Segarahn MP Ipoh Barat in the High Court of Ipoh on 29th September 2017
AG should consider to drop charges against YB Thomas Su
Charged in Sessions Court
On 14th October 2016 Ipoh Timur member of parliament Thomas Su Keong Siong was charged again in the Sessions Court in Ipoh with organising an illegal rally, four years ago.
He claimed trial to the charge under Section 9(1) of the Peaceful Assembly Act (PAA) 2012, punishable under Section 9(5) of the same Act, which carries a fine of not more than RM10,000, on conviction.
Su, 50, allegedly failed to submit the 10-day notice as required under the PAA 2012, to the Ipoh District Police chief prior to the rally held on May 9, 2013 at Dewan Wisma Chin Woo in Ipoh at about 7.30pm.
Prior to this On May 27, 2013, Su was charged in the Ipoh Sessions Court with a similar offence.
On May 5, 2014, he applied for the charge against him to be dismissed.
On May 16, 2014, the Ipoh Sessions Court granted him a discharge not amounting to an acquittal.
The Sessions Court in Ipoh had fixed the illegal rally case for Hearing for the 6th October 2017.
Case in Ipoh High Court
Today was fixed for an hearing application wherein we filed a Notice of Motion to set aside/ quash and/or stay the proceedings of YB Thomas Su Keong Siong at the Sessions Court on a charge under Section 9(1) & 9(5) of the Peaceful Assembly Act 2012.
Counsel YB Gobind Singh Deo argued that because there were 2 conflicting decisions in the Court of Appeal i.e. Nik Nazmi and Yuneswaran where in the former it was held that the said provisions are unconstitutional and it the latter it was held that it was constitutional.
Thus YB Thomas Su who was initially charged in 2013 had his case dropped because of then Nik Nazmi’s decision. However after Yuneswaran, he was subsequently charged again.
The reasons we put forward was that Yuneswaran’s decision does not have a retrospective effect and thus YB Thomas Su should not have been re-charged again.
Sessions Court Proceedings are to kept on hold until disposable of the High Court Case
The DPP Pn Nur Qistini requested for time to reply and thus our application for stay on YB Thomas Su’s case in the Sessions Court Ipoh until the final disposal of this application was granted by the High Court Judge YA Dato Che Ruzima. The Court has fixed November 17 for the hearing of this matter.
In view of this I urge the government to withdraw all the charges under the Peaceful Assembly Act.
Lawyers who represented YB Thomas were M. Kula Segaran, Gobind Singh Deo, Michelle Ng, Joanne Chua, Dexter Mah, Suresh & Vemal Arasan. YB Cheong (Bercham) YB Chang Lih Kang( Teja), YB Tan Kar hing(Simpang Pulai) and a host of supporters turned up to show support tot YB Thomas Su
In view of the latest developments I urge the AG to drop the charges against Thomas Su. What he did in 2013 was a political rally and the charges against him are unreasonable and unwarranted.