SHAH ALAM, Nov 7 ― Freed today for the fourth time of the same offence, PKR's Nik Nazmi Nik Ahmad will now sue the Attorney-General for “malicious prosecution” over repeated attempts to convict him under a law already ruled unconstitutional.

Speaking after his acquittal of a charge under the Peaceful Assembly Act 2012 today, Nik Nazmi said his lawyers will file the civil suit against the country's top prosecutor soon, but did not specify the expected date.

“We decided since they recharged me a second time, we will now proceed with it.

“It's not about me, but it's about the legal precedent that it sets that you can recharge someone for the same offence, now I've been acquitted for the fourth time for the same offence,” the former Selangor Deputy Speaker told reporters when met after the High Court here acquitted him again.

Lawyer Eric Paulsen, who was also present during the delivery of the decision today, said the suit for “malicious prosecution” was for the Attorney-General's Chamber's actions in Nik Nazmi's case ― including attempts to continue on with prosecution despite the offence “no longer” existing.

“It's just mind-boggling how far the AG will go and it clearly shows bad faith,” Paulsen told reporters.

Paulsen also cited a High Court decision this year in lawyer Rosli Dahlan's ongoing and high-profile suit against the AG and several others, noting that the judge had said there is “no immunity” for the AG in the event of a malicious prosecution.

Nik Nazmi also echoed today his lawyer, N. Surendran's hope that this will be the end of the prosecution against the lawmaker for the same offence.

Nik Nazmi said the prosecution against him was a waste of resources, saying that the AGC should instead be diverting its manpower to actual criminal cases.

“That should be the focus, not cases that are politically-tinged like this,” the PKR Youth chief said.

Noting the continued court action despite the Court of Appeal's landmark ruling this April, Nik Nazmi speculated that the government could be fearful of the appellate court's decision as it had “far-reaching” consequences.

On April 25, the Court of Appeal acquitted Nik Nazmi after ruling that it was unconstitutional to criminalise spontaneous public assemblies in breach of the 10-day notice required under Section 9 (1) of the legislation.

The three-person bench said on April 25 that Section 9 (5) of the PAA ― which imposes a maximum RM10,000 fine for non-compliance ― ran counter to the Federal Constitution and must be struck out.

The AGC is now appealing the Court of Appeal's decision at the Federal Court, but no hearing date has been fixed.

All other cases involving the same offence that was used against Nik Nazmi have since been postponed and put on hold pending the outcome of the AGC's appeal at the Federal Court.

Seri Setia assemblyman Nik Nazmi, 32, was previously charged with allegedly violating Section 9 (1) by failing to notify police 10 days prior to the Blackout 505 rally at the Kelana Jaya Stadium on May 8 last year.

The former PKR communication director was charged on May 17 last year for the same offence.

Despite the acquittal this April, the Attorney-General’s Chambers attempted on May 6 to charge Nik Nazmi for the second time for the same offence, but the Petaling Jaya Sessions Court struck out the bid. Another acquittal by the same court was also granted the same month.

Nik Nazmi is among the seven Pakatan Rakyat (PR) leaders, including two MPs, who were charged under the controversial legislation for organising various Blackout 505 rallies claiming the results of the Election 2013 were rigged.