Ex-Mayor on why Bersih application rejected
Published on: Tuesday, July 12, 2016
Kota Kinabalu: Former Mayor Datuk Abidin Madingkir told the Magistrate's Court on Monday that the decision to reject the application to hold the Bersih rally at the Teluk Likas Public Park was made after an in-depth discussion between his officers and the police.Madingkir who was testifying as the 12th prosecution witness in the trial of the rally's Organising Chairperson Jannie Lasimbang, said after a meeting which was also attended by City Police Chief ACP M. Chandra, he issued a letter to Jannie that her application was not approved.He said the letter stated the three reasons why the application was rejected, namely, that it was not suitable to hold the rally at the area, secondly that City Hall did not want the programme to interrupt the public's activities there and also that the rally will cause traffic congestion along Jalan Tun Fuad.ADVERTISEMENT According to Madingkir, programmes or activities to be held at the park must get approval from City Hall. He further testified that City Hall was given the mandate by the State government to ensure the Teluk Likas Public Park is always clean and beautiful, adding, that every year the State and Federal governments would allocate an allocation for cleaning and beautifying public parks under City Hall.Madingkir also told Magistrate Cindy Mc Juce Balitus that City Hall ensured the Teluk Likas Public Park is cleaned twice a day so that the park will always be attractive to visitors. To a question from Deputy Public Prosecutor Gan Peng Kun, Madingkir said City Hall will not simply implement any project without approval from the State government.ADVERTISEMENT 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 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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During cross-examination by counsel Ram Singh who defended Jannie, Madingkir disagreed that City Hall only has custody in terms of looking after the park.Trial continues on July 15.