KUALA LUMPUR: The second prosecution against Parti Keadilan Rakyat (PKR) Youth chief Nik Nazmi Nik Ahmad linked to his Blackout 505 charge was made with malicious intent, the High Court ruled.
Judge Datuk Ahmad Zaidi Ibrahim made the decision after allowing Nik Nazmi's suit against former Attorney-General Tan Sri Abdul Gani Patail and the government over malicious prosecution and abuse of power.
The court ordered the first and second defendants (Abdul Gani and government) to pay RM230,000 in general, aggravated and examplary damages as well as RM10,000 costs to the Seri Setia assemblyman.
Ahmad Zaidi said even though the prosecution has power to prosecute, the plaintiff's (Nik Nazmi) contention that the prosecution had malicious intent could not be denied.
He also said the testimony of the defendants' witnesses was nothing more than hearsay.
The judge also said Abdul Gani's action in ordering for the second prosecution against the plaintiff, even though the Court of Appeal had ruled that Section 9(5) of the Peaceful Assembly Act (PAA) 2012 was unconstitutional, and the case was still in the Federal Court, was disrepectful to the court.
"I cannot understand how the first defendant could order the plaintiff to be charged under the same Section for the second time.. and surprisingly the order came from someone important," Ahmad Zaidi said.
Senior federal counsel Kamal Azira Hassan acted for Abdul Gani and the government while Nik Nazmi was represented by counsel Linda Yii.
Nik Nazmi, 35, claimed that he was recharged at the Sessions Court after the same court discharged him of a similar offence earlier following a Court of Appeal declaration that Section 9(5) of PAA was unconstitutional.
The plaintiff was first charged on May 17, 2013, with allegedly taking part in an illegal assembly at Stadium Majlis Bandaraya Petaling Jaya, Kelana Jaya, Petaling Jaya, around 8.30pm on May 8 the same year.
The court discharged him on May 5, 2014, and he was recharged the next day. However the court later discharged him on the same day.