Three reasons not to approve Bersih rally
Published on: Thursday, June 16, 2016
Kota Kinabalu: The Magistrate's Court on Wednesday heard that the decision to not approve the application by Organising Chairperson Jannie Lasimbang to hold the Bersih rally at the Teluk Likas Public Park was made eight days before the rally. City Hall Landscape Architect, Noridawati Abdul Rahman, 32, told Magistrate Cindy Mc Juce Balitus that the decision was made on Aug 21, 2015 after a meeting was held together with City Hall and police officers."There were three reasons why the application was not approved, namely the place was not suitable to organise the rally as it was a place where the public can go for picnic and beach activities.
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"The second reason was that the rally will interrupt public order and such activities and the third was that it would cause traffic congestion along Jalan Tun Fuad Stephens," she said.Noridawati was testifying as the fourth prosecution witness in the continuation of Jannie's trial. According to Noridawati, she was not involved in the meeting on Aug 21, 2015 but was informed by her department director one Walter Kenson that the application was not allowed.Noridawati, who added that City Hall had received an application letter regarding the rally signed by Jannie on Aug 19, 2015, said among the public parks under City Hall are Taman Prince Philip, Tanjung Aru Beach 1, Taman Tun Fuad, Taman Ujana Rimba, City Park, Lintasan Deasoka and Taman Tugu Petagas.
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Jannie stands charged with failing to comply with conditions stipulated in the Peaceful Assembly Act 2012 in organising the rally on Aug 29 and Aug 30 at the Teluk Likas Public Park, Tanjung Lipat, in Likas.Jannie, 53, had, on Oct 21, 2015, pleaded not guilty to two main charges and another two alternative charges.
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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 City Police Chief ACP M. Chandra on Aug 19 as required under Section 10© of the Peaceful Assembly Act (PAA) 2012.This is tantamount to non-compliance of the PPA's 10-day notification requirement before the date of the rally. 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.As for the two alternative counts, Jannie stands accused 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.The alternative charges, under Section 15(3) of the PAA 2012, also carry a fine of up to RM10,000 each if convicted.To a question from Deputy Public Prosecutor Gan Peng Kun, Noridawati said under the City Hall Enactment 1995, the public parks come under the Mayor's supervision which means any activity held in any public park needed approval from City Hall.Meanwhile, the prosecution's fifth witness, SM Muthu, said he went to the rally on Aug 29, 2015 and saw many people wearing yellow T-shirts, adding that there was no untoward incident during the rally.In his view, Muthu, who is involved in community and welfare works, said the event was a peaceful rally and people just mingled, taking photos as well as explained to those who did not know the purpose of the rally. He said in his opinion they were there to help clean the dirt in government administration.Muthu added that during the rally, they provided food and drinks to the people as well as to police on duty at the Teluk Likas Public Park.According to Muthu, he delivered a speech during the rally and left before 12am but did not attend it the next day due to the traffic jam.Stay up-to-date by following Daily Express’s Telegram channel.
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