Sources : Malaysiakini 05102011
http://www.malaysiakini.com/news/177767
Ten councillors from the Kajang Municipal Council (MPKj) were this morning given a discharge not amounting to an acquittal by the Kajang magistrate’s court on a charge of “displaying a pictorial and written statement through a shirt for the interest of an unlawful organisation, that is Bersih 2.0".
The 10 had donned Bersih T-shirts during a council meeting on June 29 and were charged a week later, under Section 74(1) of the Societies Act 1966, with displaying symbols or propaganda of an unlawful society.
When contacted, the group’s lawyer Lim Lip Eng (right) said magistrate A Akhiruddin @ Boy Acho made the decision after deputy public prosecutor Mohd Azahari Harun asked for a discharge not amounting to an acquittal.
“When we came to the court, the DPP told the magistrate that he had instructions from the Attorney-General’s Chambers to apply for a discharge not amounting to an acquittal,” said Lim.
This, he said, comes a week after he sent a letter to the AG's Chambers, calling for the charges to be dropped.
"I objected, as I wanted a discharge amounting to acquittal because the charge was defective. They wore the Bersih T-shirts on June 29 but Bersih's illegal declaration was only effective on July 1."
'DPP refused to explain discharge'
Lim said he challenged the DPP to explain the defect but was told that there was no need to argue as the case would no longer go on.
"From the reaction and answer of the DPP, I feel it is political prosecution," said Ng Tien Chee, one of the 10 councillors.
Another, Lee Kee Hiong, was still upset despite the decision.
"We are unhappy. We should have been acquitted and discharged, not given a discharge not amounting to acquittal... the DPP should have been a gentleman," she said.
The other eight are Zulfikar Ali Ariffin, Ong Seng Peng, Lee Learn Eng, Tan Boon Wah, Razaly Hassan, ST Chandra Mohan, Chan Jeong Hon and Mohd Mohiddin Mohd Misbah.
Also part of the legal team was Mohamed Hanipa Maidin.
Lim, who is Segambut MP, said initially 11 individuals were supposed to be charged but Cheong Seow Foon could not make it to court and was told he would be charged at a later date.
"It's very ridiculous... he was not charged after that," said Lim.
Today's decision comes after the a sessions court in Kuantan last month discharged two individuals for wearing Bersih T-shirts, but also refused to acquit them.
Sources : Malaysiakini 05102011
http://www.malaysiakini.com/news/177775
因为身穿黄色净选盟T恤而被控的10名加影市议员今日获得加影推事庭宣判假释。不过，推事庭并未完全撤销他们的控状。
这10名加影市议员分别是祖菲卡阿里（Zulfikar Ali Ariffin）、王声宾、李仁英、陈文华、拉查里哈山（Razaly Hassan）、詹德拉莫汉（ST Chandra Mohan）、李继香、陈倡翰、莫哈末莫西丁（Mohd Mohiddin Mohd Misbah），以及黄田志。
他们是在6月29日和其他6名市议员身穿净选盟T恤出席加影市议会的每月会议，所以被警方援引1966年社团法令第47（1）条文提控。
他们的罪名是“通过T恤展示非法团体净选盟的文字和图像”。一旦罪成，他们有可能被判最高5000令吉，或坐牢2两年，或是两者兼施。
10名市议员的代表律师林立迎今早受询时表示，加影推事阿基鲁丁（A Akhiruddin @ Boy Acho）是副检察官莫哈末阿查哈里要求宣判假释后，作出这项决定。
“当我们来到法庭时，副检察官告诉推事，他接获总检察署的指示，申请法庭宣判假释。”
这也是最新一宗身穿黄色净选盟T恤人士获得假释的案件。早前，因为同样罪名被控的回教党刁曼区部署理主席法兹里（Mohd Fadzli Mohd Ramly），以及砂州公正党美里区部秘书朱海达也获得推事庭宣判假释。
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