Jannie called to give statement a day after rally
Published on: Saturday, June 25, 2016
Kota Kinabalu: Bersih rally chairperson Jannie Lasimbang was called to give her statement a day after the rally, the Magistrate's Court heard Friday.Deputy Superintendent of Police Mohd Hamizi Halim, who was the Investigating Officer of the case, said he made an appointment with Jannie about the matter at noon on Sept 1, 2015.Hamizi said he recorded Jannie's statement regarding the two police reports lodged by ASP Fauzi Abdul Kadir on Aug 30, 2015 pertaining to the two-day rally held in Tanjung Lipat.
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Based on his investigation, Hamizi said he found that the offence committed by Jannie was under the Peaceful Assembly Act where her application did not comply with the conditions stipulated under the Act."Jannie failed to get consent from the owner of the venue where the rally took place…in other words, the application was invalid because the matter could not be processed by City Police Chief ACP M. Chandra without the approval letter from the owner."However, after Jannie was informed that her application could not be processed, she and the Bersih participants still proceeded to hold the rally on Aug 29 and 30, 2015," he said.Hamizi, who is currently attached with Labuan Police Headquarters, was testifying as the eleventh prosecution witness before Magistrate Cindy Mc Juce Balitus.
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According to Hamizi, Chandra had also tried to prevent Jannie from holding the two-day rally.He further testified that on Aug 19 at about 9.30pm, he was informed that there was a report lodged by Kota Kinabalu Criminal Investigation Department Chief, one ASP Norazizul Kefli, pertaining to an article with title "Bersih4 Undi tidak percaya terhadap Najib dan system undi Malaysia" dated Aug 14, 2015 in a web address www.bersih4.org.
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Hamizi said Norazizul's report stated that the content of the article was to urge the Malaysian Prime Minister to step down from his position and also to invite the public to participate in the rally.To a question from Deputy Public Prosecutor Gan Peng Kun, he said the article also stated the name of the rally organising chairperson, one Maria Chin, and for Sabah, it would be held at Padang Merdeka, here.Hamizi added that after receiving Norazizul's report, he studied it and recorded a statement from Norazizul.He said he classified the case and opened the investigation under Section 124C of the Penal Code.Jannie stands charged with failing to comply with conditions stipulated in the Peaceful Assembly Act 2012 in organising the rally on Aug 29-30 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 (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.During cross-examination by counsel Ram Singh who appeared together with counsel YS Lo for defending Jannie, Hamizi told the court that he did not receive any complaint or report from public pertaining the rally.Stay up-to-date by following Daily Express’s Telegram channel.
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