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No arrest made during Bersih rally, court told
Published on: Saturday, June 18, 2016
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Kota Kinabalu: No arrest was made during the two-day Bersih rally organised by its Chairperson Jannie Lasimbang in August last year.Assistant Superintendent of Police Fauzi Abdul Kadir, 38, told Magistrate Cindy Mc Juce Balitus that police officers and personnel who were on duty during the rally, did not arrest anyone, even the speakers.

He said this during cross-examination by counsel Ram Singh who is defending Jannie. He had agreed with Ram that generally the event was a peaceful rally with no untoward incident.

To a question from Ram, Fauzi informed Balitus that they mobilised a lot of police officers and personnel during the rally in preparation for risks as well as for public safety and that of the Bersih rally participants.

Fauzi disagreed with Ram that police had allowed the rally to be held as there was no barricade put up at the Tanjung Lipat in Teluk Likas during the rally.

According to Fauzi, he was not directly involved in the investigation of the case.

Earlier, when a question was asked by Deputy Public Prosecutor Gan Peng Kun, Fauzi said on Aug 30, 2015 at 9am, a group of individuals wearing yellow T-shirts marched with placards and banners towards the KPD Tamu grounds.

He said the police had put up a barricade on the road in front of the Tamu to prevent these individuals from entering the city, adding, that after a discussion between Jannie and City Police Chief ACP M. Chandra, the individuals peacefully dispersed before noon on Aug 30, 2015.

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.

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.

Trial continues on June 21, 22 and 24.





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