KUALA LUMPUR, Sept 26 — Johor PKR executive secretary R. Yuneswaran became the first person to be convicted under the Peaceful Assembly Act (PAA) after the Sessions Court in Johor Baru fined him RM6,000 for failing to give sufficient notice to the police on a rally there.
Yuneswaran may also become the first person to be imprisoned under the Act introduced ostensibly to provide Malaysians with greater civil liberties, after he refused to pay the fine imposed as protest against the decision.
Judge Mohd Jamil Hussin ruled that the 27-year-old had failed to notify the police 10 days before organising the “Black505” rally in Ulu Tiram, Johor, as required by the new Act.
Following his refusal to pay, Yuneswaran could now spend three months in jail in lieu at the Ayer Molek prison.
His counsel, Hassan Karim, said they had argued that Yuneswaran was not the organiser of the rally and that he filed the police notice on behalf of Johor PKR and its chairman, Datuk Chua Jui Meng.
“We don’t deny that the notice was filed less than 10 days before the rally. But when he filled out the form, he wrote down Datuk Chua’s name as the organiser, and signed it on behalf of Datuk Chua.
“So the issue is that Yuneswaran was not the organiser. The organiser was PKR Johor (sic) and Datuk Chua, but the judge agreed with the prosecution that Yuneswaran was the organiser because he filled in the form and signed it,” Hassan told The Malay Mail Online, adding that they are filing an appeal with the High Court in Johor Baru tomorrow.
The PAA, which came into effect in April last year, was drafted to replace Section 27 of the Police Act that had required organisers of public gatherings to apply for police permits.
Under the new law, organisers no longer need to get permission from the authorities but are required to give at least 10 days notice before the event is held.
Failure to comply with the requirements carry a maximum fine of RM10,000.
