Bersih 4.0 Sabah case: First witness testifies
Published on: Wednesday, May 04, 2016
Kota Kinabalu: The trial of Bersih 4.0 Sabah organising chairperson Jannie Lasimbang, charged with failing to comply with conditions stipulated in the Peaceful Assembly Act 2012 in organising the rally last year, began on Tuesday.The prosecution called its first witness, Deputy Superintendent of Police Azizulkifli Mansor, to testify before Magistrate Cindy Mc Juce Balitus.Through Azizulkifli, the prosecution tendered a police report made on Aug 19, 2015 as exhibit which he had lodged based on the Bersih website.
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Jannie's counsel Ram Singh later informed the court that the defence needed to refer to the High Court on some constitutional issues in respect of Article 10(2)(b) of the Federal Constitution.The court then adjourned trial to May 18 for the defence to frame the questions on the said issues and for the court to decide whether to allow the case to be referred to the High Court.Deputy Public Prosecutor Gan Peng Kun conducted the prosecution.Jannie, 53, had, on Oct 21, 2015, pleaded not guilty to two main charges and another two alternative charges at the Magistrate's Court here.
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She allegedly committed the offences on Aug 29 and Aug 30 at the Teluk Likas Public Park, Tanjung Lipat, in Likas.Under the first and second main charges, Jannie is accused of failing to tender a copy of the consent letter from City Hall, as owner of the Teluk Likas Public Park, when notifying the KK City Police Chief ACP M. Chandra on Aug 19 as required under Section 10© of the Peaceful Assembly Act (PAA) 2012.
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This is tantamount to non-compliance of the PPA's 10-day notification requirement before the date of the assembly. The offence was allegedly committed between 2pm and 9.30pm on Aug 29 and between 10am and noon the next day on Aug 30.Each of the charges, framed under Section 9(1) of the PAA 2012 and punishable under Section 9(5) of the same Act, provides for a fine of up to RM10,000 on conviction.Jannie was also charged with two alternative counts of failing to comply with the condition set by Chandra, that is to get consent from the owner of the venue, City Hall, to use the public park for the rally.She allegedly committed the offence between 2pm and 9.30pm on Aug 29 and between 10am and noon the following day on Aug 30.Stay up-to-date by following Daily Express’s Telegram channel.
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