IPOH - The Sessions Court here dismissed an application to acquit and discharge state PKR secretary Mohammad Anuar Zakaria on a charge of organising a public gathering last year without giving prior notice.
Judge Rushan Lufti Mohamed set May 16 to deliver his grounds for the dismissal.
Mohammad Anuar was charged on May 27 last year with allegedly organising an illegal "Blackout 505" rally on the night of May 12 at Medan Istana here that was attended by Opposition Leader Datuk Seri Anwar Ibrahim.
The case had been set for hearing yesterday.
Following the landmark decision by the Court of Appeal on Friday which declared that the provision under the Peaceful Assembly Act on the 10-day notice was unconstitutional, the accused applied to the court to drop the charge against him.
However, Rushan dismissed the application.
Mohammad Anuar is represented by N. Surendran, Latheefa Koya, Baldip Singh and Ranjit Singh Sandhu.
Surendran had earlier in his submissions said that with the landmark decision, the charge was no longer valid against his client.
"My client is charged under Section 9 (1) of the Act, just like former PKR strategic director Nik Nazmi Nik Ahmad, whose charge was set aside.
"So with the landmark judgment, my client should be let off free, as the charge can't be left hanging.
"The prosecution did not apply for a stay, and neither did they notify the Court of Appeal that any form of appeal will be made," he said.
Surendran said that if the prosecution indeed filed an appeal, and won, then the accused could be charged again.
"But for now there is no reason to hold the accused on the charge and set another mention date when the charge itself is invalid," he added.
DPP Masri Mohd Daud had earlier asked for an adjournment because he said the prosecution would be filing for an appeal against the decision of the Court of Appeal in the Nik Nazmi case.