Ten Kajang municipal council (MPKj) members were charged today for wearing Bersih 2.0 T-shirts during a council meeting on June 29.

They claimed trial before the Kajang Magistrate Court in Putrajaya, to a charge framed under Section 47(1) of the Societies Act 1966 for allegedly displaying symbols or propaganda of an unlawful society.

The councillors had allegedly violated the law by “displaying pictorial and written statement through a shirt for the interest of an unlawful organisation that is Bersih 2.0".

The ten are Zulfikar Ali Ariffin, Ong Seng Peng, Lee Learn Eng, Tan Boon Wah, Razaly Hassan, S T Chandra Mohan, Lee Kee Hiong, Chan Jeong Hon, Mohd Mohiddin Mohd Misbah and Ng Tien Chee.

An eleventh person, Cheong Seow Foon, will be charged on Aug 8. He was granted leave as he is currently in Kuala Terengganu.

They face a maximum fine of RM5,000, up to two years jail or both if found guilty. Magistrate A Akhiruddin @ Boy Acho set bail at RM2,000 each with one surety.

'Not a flight risk'

Defence counsels Lim Lip Eng, KA Ramu and Hanipa Maidin argued that the amount be lowered to RM500 or set as personal bond, as the accused do not pose a flight risk.

"They have never been issued an arrest warrant and had gone to the Kajang police district headquarters upon a phone call to give their statement under Section 112 of the Criminal Procedure Code," Lim argued.

"They received another call to come here to be charged yesterday, waited from 2.30 to 4 pm and were told to return today at 11am and were here on the spot, only to be told to return at 2pm. And they did."

Hanipa had also sought to dismiss the charge, citing case law which said that the state must act in fairness.

Quoting an Utusan Malaysia report, Hanipa said that a group of silat masters have declared war on Bersih 2.0 but only the latters' supporters have been charged.

Deputy Public Prosecutor Mohd Azahari Harun, however, argued that the accused were promoting an illegal rally which has caused much anxiety among the public.

He said that the fact that there were more than 2,000 police report lodged over the rally was proof of this.

Mohd Azahari also noted that Home Minister Hishammuddin Hussein had declared the NGO coalition illegal beginning July 1.

The case is set for mention on Aug 8.

Special resolution

MPKj was among seven Selangor local councils who donned yellow, or had yellow Bersih 2.0 paraphernalia, during official functions last month.

In the case of MPKj, the council passed a resolution to override the standing order which stipulates the dress code for full board meetings.

According the resolution, MPKj councilors are required to don Bersih 2.0 T-shirts during the full board meeting in support of the July 9 rally.

Bersih 2.0 was, however, declared illegal by Home Minister Hishammuddin Hussein last Sunday, taking effect beginning July 1.

The NGO coalition had this morning announced that it will go ahead with its rally at Stadium Merdeka despite being rejected by the stadium operators.

It had decided take the government's offer to move the street rally into a stadium, after an audience with the Agong.

This has, however, not halted arrests as Bersih 2.0 is still deemed illegal.