Eleven participants of an illegal assembly at the Kesas Highway in 2000 and defied orders said to have been from the police were  acquitted by the High Court in Shah Alam today.

Justice Abdul Rahim Uda rejected the prosecution's appeal on the grounds that it had failed to prove its case beyond reasonable doubt.

kesas highway protest at 2000 01 There was no evidence, the judge said, to suggest that all the accused had clear intention to gather illegally.

"There was also no evidence to show that they had heard police orders to disperse," he said in upholding the acquittal.

Justice Rahim said the appellants also failed to show the words used and their actions were consistent with their intention to gather illegally.

"The trial court (the sessions court) should not have called the 11 to make their defence in the first place, as they should have been acquitted without their defence being called," Justice Rahim said.

First acquitted by sessions court

The sessions court had on Oct 6, 2009, set all 11 protesters free with judge Noradidah Ahmad ruling that the prosecution had failed to prove a prima facie case.

However, on appeal the prosecution obtained an order for the 11 to be called to make their defence.

kesas highway protest at 2000 02 They were charged with illegal assembly and failure to disperse when ordered to do so during the then Parti Keadilan Nasional sponsored 100,000 People's Gathering along the Kesas highway on Nov 5, 2000.

The 11, Monashofian Zulkarnain Putra, Aida Idris, Muhamad Tarmidzi Abd Rahman, Sahri Bahari, Pospanlinggam Sinakaru, Md Abd Nasir Md Isa, Ahmad Faisal Chek, Mat Dan Hassan, Abdul Razak Ismail, Mohd Salim Lal Din and Saeden Wateh, were alleged to have committed the offences between 2pm and 7pm, between Km21 and Km27 of the highway.

Originally, 126 people were arrested during the 2000 gathering, but 115 were released without being charged.

The charges carry a maximum sentence of a fine not exceeding RM10,000 or a jail term of up to one year or both.

The 10 men and the lone woman, aged between 34 and 69 years, were represented by Mohd Yusmadi Yusof and Fahda Nur Ahmad Kamar, while DPP Mohd Azari Harun appeared for the prosecution.