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Wednesday 23 May 2012

Bersih 3.0: Anwar, Azmin, Chegubard charged

Packed courtroom was earlier filled with excited murmurs when it was confirmed that former solicitor-general II Mohd Yusof Zainal Abiden has joined the defence team.
VIDEO INSIDE

KUALA LUMPUR: Opposition Leader Anwar Ibrahim and two other PKR leaders were today charged over their involvement in the Bersih 3.0 rally on April 28.

Anwar, PKR deputy president Azmin Ali and Rembau PKR division chief Badrul Hisham Shaharin, or better known as Chegubard, were charged with breaching the Peaceful Assembly Act 2012 and taking part in a “street protest”.

They also face a second charge for going against an order by a public servant. All thtree claimed trial to the charges.

The first charge, which was framed for each person individually, said that the three had gone against a court order issued by the magistrate’s court under Section 98 of the Criminal Procedure Code.

This offence was allegedly committed between 2.30pm and 3pm along Jalan Tun Perak on April 28, 2012.

The court order, issued on April 27 by magistrate Zaki Asyraf Zubir, prohibited any gathering at Dataran Merdeka – including the land bordered by Jalan Sultan Hishamuddin, Jalan Raja, and Jalan Kelab any time between April 28 and May 1.

The charge falls under Section 4(2)(c) of the Peaceful Assembly Act, which prohibits organising or taking part in street protests. Anyone convicted under this section could be fined up to RM10,000.

The second charge, which was jointly read out to the three, stated that Anwar, Azmin and Badrul Hisham, together with five other individuals still at large, had abetted with R Tangam, G Rajesh Kumar, Farhan Ibrahim @ Alias to breach the court order and going against an order by a public servant, and had instigated and possibily caused riots and fights in the area.

The second charge falls under Section 188 of the Penal Code, for “disabodience to an order duly promulgated by a public servant” and is read together with Section 109 and Section 34 of the Penal Code for abetting a crime.

Conviction on this charge can land the PKR leaders six months in prison or fined RM2,000 or both.

‘A political charge’

While pleading not guilty to the charges, Anwar said: “A political charge, I seek trial, just a waste of court’s time”, while Chegubard said: “Not guilty, but if we want to go to trial, we can.”

Judge Mahmud Abdullah allowed each of them a RM500 bail with one surety on the first charge. On the second charge, Mahmud freed them after allowing them a personal bond. The case has been fixed for mention on July 2 for all cases.

Anwar’s team consisted of Karpal Singh, his son Ram Karpal, former solicitor-general II Mohd Yusof Zainal Abiden and Sankara Nair. Azmin was represented by R Sivarasa and Gurcharan Singh (appearing for CV Prabhakaran) and Chegubard was represented by Latheefa Koya, N Surendran, and Muhammad Afiq Mohamad Noor.

The prosecution was led by deputy public prosecutor (DPP) Abdul Wahab Mohamed, DPP Mohd Ishak Yusoff, DPP Mohamad Hanafiah Zakaria, DPP Mohd Farizul Hassan and DPP Norhafiza Kamardin.

Later Anwar told reporters that the latest charges were politically motivated.

“Clearly political, no doubt about it. Elections are around the corner. But I will continue my political campaigns and I’m committed to run for elections,” he said.

“Clearly Najib must be very disappointed with the acquittal in the past (of the sodomy case), so he wants to use every avenue to tie me down to the court process. How many more charges do you want to prefer against me?

“Najib should have the courage to engage me in a debate. He would use every avenue, the media, the courts, to stifle, and intimidate or harrass politically,” said Anwar.

Azmin said: “Umno is so desperate… this is a politically motivated act. I’m determined to fight the cause for free and fair elections. I’ve been in court for the past 14 years and I have 15 or 16 charges against me, among them 12 for illegal assembly. People are just sick of tired of this current system. I have nothing to fear because my conscience is clear.”

A new face to the defence team

The packed courtroom was earlier filled with excited murmurs when it was confirmed that former solicitor-general II Mohd Yusof has joined the defence team.

Commenting on the former lead prosecutor of his Sodomy II trial assisting him, Anwar said: “Why are you surprised that Yusof joined my team? Perhaps very soon the AG will join me too. What’s the issue? He understands the law…
 

“I thank Yusof for his readiness to be part of the defence team. I contacted him after receiving information that he was “ready” to join us. This is a great development and means a lot.

“It shows that those within the government know about the dirtiness that happens and are not prepared to defend all of it. If he really thinks I’m guilty, he would not be with us. He was the second in command in the AG’s chambers, some say he should be the AG, now he chooses to be with us.

Anwar stressed that Yusof was not here just to make up numbers and had “came to make sure I get the justice I deserve”.

Karpal said that Yusof’s switch was “certainly a blow to the government, it is clearly a sign, it has never happened before. I came to know last night and I was quite surprised”.

Yusof, when approached by reporters later, said he was contacted by Anwar and he “had no problems taking the case” as he was “willing” and “able”.

“He (Anwar) called me last night and I had no hesitation. I’m just a counsel, everyone is entitled to one. I have no political affiliations. I’m a working professional… a free agent.”

Asked if he was doing this to go against the Attorney-General, Yusof said he had nothing personal against the latter. “No comments” was his parting shot.

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