PETALING JAYA, May 7: It is a victory for justice, said DAP Wanita Selangor Secretary, Nalina Nair, as the prosecution today finally dropped the appeal against her acquittal, along with a PhD student, by a magistrate court in 2023 on the charges of “rioting, and making noise” at a police station in 2021.
In a statement today, Nalina, who is also a member of the Petaling Jaya City Council (MBPJ), recounted how on August 19, 2021, she and her comrades had been arrested and detained at IPD Dang Wangi for participating in a peaceful candlelight vigil at Dataran Merdeka to honour the lives lost to Covid-19.
They were charged under Section 90 of the Police Act 1967 for behaving in a riotous, indecent, or disorderly manner in a police station in the same month.
In August 2023, Magistrate Nadia Othman acquitted them of the charges after finding that the prosecution had failed to establish a prima facie case.
Today’s move to drop the appeal by the prosecution “reaffirms what we have maintained all along, that ur arrest and the charges brought against us were unjust,” Nalina said in the statement.
“The court’s judgment and the withdrawal of the appeal are significant victories not just for us, but for all Malaysians who believe in the right to freedom of expression and peaceful assembly. This case serves as a crucial reminder that the police and authorities must act within the boundaries of the law and that dissent, especially in the form of peaceful memorials, must never be criminalised.
“The decision to charge us in the first place raises serious questions about prosecutorial discretion and intent. What was the public interest served by dragging peaceful mourners through a legal ordeal that has lasted three and a half year? Instead of upholding justice, the charges appeared to be a form of harassment aimed at discouraging public participation in democratic expression.
“The right to assemble peacefully is guaranteed under Article 10 of the Federal Constitution. It is a cornerstone of any functioning democracy. When individuals are punished for grieving and expressing solidarity, it sets a dangerous precedent that undermines public trust in law enforcement institutions.”
The police have a duty to protect the public, not to penalise them for standing up for justice, compassion and accountability, she added.
— WE