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Tuesday, June 9, 2015

Gani denies abuse of power in defence against Nik Nazmi’s suit

PKR Youth chief Nik Nazmi Nik Ahmad says Attorney-General Tan Sri Abdul Gani Patail should wait for the outcome of an appeal instead of framing a fresh charge for organising a public rally. – The Malaysian Insider file pic, June 9, 2015.PKR Youth chief Nik Nazmi Nik Ahmad says Attorney-General Tan Sri Abdul Gani Patail should wait for the outcome of an appeal instead of framing a fresh charge for organising a public rally. – The Malaysian Insider file pic, June 9, 2015.
Attorney-General Tan Sri Abdul Gani Patail has denied abusing his power in prosecuting PKR Youth chief Nik Nazmi Nik Ahmad twice despite his acquittal by the Court of Appeal for organising a public rally two years ago.
"As public prosecutor, the defendant (Gani) had the discretion under the Federal Constitution and the Criminal Procedure Code to institute or drop charges," Gani said in his defence documents sighted by The Malaysian Insider.
Gani further said the prosecution charged Nik Nazmi again in a Sessions Court in May last year to preserve the integrity of its appeal in the Federal Court.
The Federal Court on May 8 this year struck off the A-G’s appeal against Nik Nazmi's acquittal by the appellate court last year.
In a landmark decision on April 25, 2014, the Court of Appeal declared Section 9(5) of the Peaceful Assembly Act unconstitutional as an organiser could not be punished for failing to give a 10-day notice to the police.
Nik Nazmi filed the suit for malicious prosecution and abuse of power by the A-G on March 31 and also named the government as party to his action.
The Selangor executive councillor is claiming an unspecified amount of damages and other relief deemed fit by the court.
He said Gani’s act of charging him the second time and to appeal against the first charge was tantamount to malicious prosecution and done in bad faith.
The Seri Setia assemblyman said Gani also committed the tort of misfeasance in public office.
In his statement of claim, Nik Nazmi said he had organised a rally at the Kelana Jaya stadium on May 8, 2013 to protest against the Election Commission’s conduct of the 13th general election, which he said was not free and fair.
He was charged in the Sessions Court with organising the rally without giving a 10-day notice to the police, an offence prescribed under Section 9 (5) of the PAA.
Nik Nazmi then filed a reference application in the High Court for the Court of Appeal to rule on the constitutionality of certain provisions in the PAA.
He said Gani, in his capacity as public prosecutor, had filed an appeal in the Federal Court to overturn the decision of the appellate court.
Nik Nazmi said Gani filed a similar charge against him under the PAA in the Sessions Court on May 6 last year.
He said the lower court gave him a discharge not amounting to an acquittal as it was bound by the April 25 Court of Appeal ruling.
Lawyer Syahredzan Johan, who appeared for Nik Nazmi during a case management last week, said High Court senior assistant registrar (SAR) Pavani Kasi asked parties to return on June 18 for further directives.
Federal Counsel A. Kasthuri represented Gani.
"The SAR also directed the parties to file all documents in preparation for the trial," he said.
This is the second time Gani has been slapped with a similar suit, the first being by former top police officer Datuk Ramli Yusuff and senior lawyer Rosli Dahlan in 2013.
The Court of Appeal on April 1 this year upheld the High Court ruling in favour of Ramli and Rosli.
- TMI

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