City Police Chief: I did not say rally was unlawful
Published on: Thursday, June 23, 2016
Kota Kinabalu: City Police Chief ACP M. Chandra told the court on Wednesday that he did not say the Bersih rally, organised by its Chairperson Jannie Lasimbang, was unlawful.But he said the organiser of the rally did not comply with the requirement when submitting the application form in which they did not include proper and complete documents.Chandra said this during cross-examination by counsel Ram Singh who defended Jannie.
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He agreed with Ram that Jannie's application to hold the rally in Teluk Likas could not be processed because it was not compiled together with an approval letter from the owner of the venue.Chandra also told Magistrate Cindy Mc Juce Balitus that on Aug 21, 2015 he attended a meeting conducted by the Mayor regarding the matter.He also agreed with Ram that the rally participants were not aggressive and did not obstruct him from carrying out his duty, adding that the participants were just walking within the parameters of the Taman Teluk Likas.
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Based on national papers' articles dated Aug 23, 2015 which stated that the Sabah Police Commissioner (CP) said the rally was unlawful, Chandra said the CP just answered the question from reporters during a press conference regarding other issues and was not sure whether he was rightly quoted.To a question from Ram, Chandra said there was no instruction from the CP to put up barricades at the entire Taman Teluk Likas area to stop rally participants from entering the venue.
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He disagreed with Ram that by not putting up barricades there, the police consented to participants entering the venue.To another question, Chandra agreed that the rally was peaceful on Aug 29, 2015 but that on Aug 30, 2015, it could have been the other way around if police did not stop the march.He also agreed there was no arrest made during the rally and that the participants did not go beyond the barricade put up in front of the KPD Tamu.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 PAA'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.Stay up-to-date by following Daily Express’s Telegram channel.
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