Justice Mohtarudin Baki, who chaired a three-man bench, said the RM1,500 fine meted out by the High Court was not “manifestly inadequate”.

“The public prosecutor’s appeal is hereby dismissed,” Mohtarudin said to the packed courtroom, which was filled with Nik Nazmi’s supporters and family members.

However, Mohtaruddin added that Nik Nazmi was not above the law even though he was an assemblyman.

The two other judges were Justice Yaacob Sam and Abdul Karim Abdul Jalil.

Nik Nazmi later told reporters he hoped the government would not file an appeal in the Federal Court.

“This matter started in 2013 and I was charged three times over the same offence. I also filed a suit for malicious prosecution,” he said.

Earlier, government lawyer K Mangai proposed a RM5,000 fine, saying the sentence by the High Court was excessively low.

“Public interest will only be served if the fine is a deterrent to would-be offenders,” she said.

Mangai said Nik Nazmi only served a notice to police less than 24 hours before the rally, which was equivalent to not giving notice.

Lawyer Syahredzan Johan, appearing for Nik Nazmi, said the trial judge had considered all factors before sentencing his client.

High Court judge Ghazali Cha, in his judgment, had said Nik Nazmi was entitled to get a discount from the maximum fine of RM10,000 as he was a first-time offender.

He said Nik Nazmi’s plea of guilt had also saved the time and resources of the court and lawyers for the government and the accused.

It also showed that he was remorseful over his conduct, Ghazali said.

The judge said the process of going “up and down the court every time” during trial was itself was a punishment, especially as Nik Nazmi was an elected representative and a Selangor executive councillor.

Ghazali said the offence – failure to give a 10-day notice to police before the event – was not serious as the accused had not caused anxiety or harm to others when the rally was held.

The judge, however, hoped Nik Nazmi would be an example to the people not to flout the law in the future.

On Dec 8, 2016, Nik Nazmi decided to plead guilty to the offence in the Shah Alam High Court after the prosecution called in three witnesses.

He committed the offence for failure to give the mandatory 10-day notice to police under the Peaceful Assembly Act (PAA) 2012 regarding the Black 505 rally at Stadium Kelana Jaya on May 8, 2013.

Nik Nazmi was first charged with the offence in the Sessions Court in May 2013, but the Court of Appeal acquitted him in April the following year on grounds that the section which provided for a maximum RM10,000 fine was unconstitutional.

He was charged again in the lower court with the same offence in May 2014, but the High Court threw out the government’s appeal as it was bound by the Court of Appeal ruling.

The prosecution in 2015 charged Nik Nazmi for the third time, and he pleaded guilty to the offence.

According to the facts of the case, the Petaling Jaya district police headquarters only received a notice on the “Program Penerangan Negeri Selangor” Black 505 from Nik Nazmi at 12.30pm on May 8, 2013. The rally was slated to be held between 1pm and midnight the same day.

Last month, the High Court in Kuala Lumpur awarded RM230,000 in damages to Nik Nazmi for misfeasance in public office against former attorney-general Abdul Gani Patail and the government.

The court held that although the government had the power to prosecute, its decision to do so was shocking and arbitrary, as the charge it framed against Nik Nazmi under the PAA had been declared unconstitutional in 2014.