10 'Bersih T-shirt' councillors given a discharge

Source: http://www.malaysiakini.com/news/177767 (Nigel Aw, 5.10.2011)
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 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.
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