Justice Ghazali Cha fined Nik Nazmi RM1,500 or two week’s jail.
The sentence allowed the PKR assemblyman for Seri Setia to continue holding public office.
The Selangor constitution states that an elected representatve is only disqualifed from holding public office if jailed more than a year or fined a minimum of RM2,000.
Ghazali said the sentence was imposed after the court considered the facts of the case and submissions made by lawyers for the accused and the government.
“I am glad the three year ordeal is over,” Nik Nazmi said, before going to pay the fine.
In November last year, he was charged again for failing to comply with the Peaceful Assembly Act and give the mandatory 10-day notice to police to organise the gathering at Stadium Kelana Jaya on May 8, 2013.
He then pleaded not guilty and the trial had begun with the prosecution calling three witnesses. The case was scheduled to resume on Jan 27.
In April 25, 2014, the Court of Appeal revoked Nik Nazmi’s earlier charge on the grounds an organiser could not be punished for failure to notify the police, calling the requirement unconstitutional.
But the Court of Appeal, in the case of Johor PKR executive secretary R Yuneswaran, held on Oct 1 last year that Section 9(5) of the Peaceful Assembly Act was constitutional.
This meant that any organiser of a peaceful rally must give 10 days’ notice in advance to the police, failing which he would be considered as having flouted the law and could be fined up to RM10,000.
Since the latest Court of Appeal ruling takes precedence, the public prosecutor framed the same charge against Nik Nazmi on Nov 5 last year.
Counsel Syahredzan Johan urged the court to impose a lenient sentence so that he could remain the Seri Setia assemblyman and state executive councillor.
“A harsh sentence will result in there being no representative for the seat and voters could not reelect a wakil rakyat as the law states no by-election will be held if a vacancy occurs two years before the next general election,” he said.
He said his client should be given a lower sentence as he had pleaded guilty and saved the court’s time and resources.
Deputy Public Prosecutor Wan Shahruddin Wan Ladin urged the court to impose a sentence that commensurated with the offence.
“The punishment must drive home the message to other politicians to respect the law,” he added.
Wan Shahruddin said the law only imposed restriction of public assembly and was not a prohibition.