Jannie freed over Bersih 4 rally
Published on: Wednesday, December 21, 2016
Kota Kinabalu: Bersih 4.0 Sabah organising chairperson Jannie Lasimbang who was accused of going against the Peaceful Assembly Act (PAA) 2012 was freed without her defence being called on four charges.Magistrate Cindy Mc Juce Balitus made the decision on Tuesday after ruling that the prosecution had not made a prima facie case against her.In her ruling, Balitus said she was inclined to agree with the defence that the prosecution had failed to prove who is the owner of the said Taman (Likas).
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"The burden lies on the prosecution throughout the trial to prove such fact since it was stated in all four charges. "The prosecution could have called the officer, one Sernam Singh from the Central Land Office to produce records and not act on assumption that City Hall is the owner of the said Taman."The defence further reiterated that failure on the part of the prosecution to tender any 'Government Gazette' as to the 'designated place of assembly' hence we are in the dark whether there is such requirement to give notice under Section 9(1) or to get permission from the owner of the place of assembly under Section 10© to be liable for an offence under Section 9(5) or alternatively under 15(3) of the PAA."The question remains as submitted by the defence which I am inclined to agree is whether the organiser need to comply with Section 9(1) or Section 9(2) of the PAA.
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"As to the notice, there is no issue that the said notice was not within 10 days and this was agreed by the prosecution in their written submission in reply."Therefore, upon due consideration of the evidence by the prosecution, it is my conclusion that the prosecution had not made a prima facie case against the accused on the offence in respect of two main charges and two alternative charges," she said.
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Jannie was discharged and acquitted from the charges of failing to comply with conditions stipulated in the PAA in organising the rally on Aug 29 and Aug 30, 2015 at the Teluk Likas Public Park in Tanjung Lipat, Likas.Under the first and second main charges, Jannie was 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 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 was 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 between 2pm and 9.30pm on Aug 29 and between 10am and noon the following day on Aug 30.Deputy Public Prosecutor Gan Peng Kun conducted the prosecution while counsel Ram Singh together with counsel Y S Lo and Timothy Daut defended Jannie and counsel Dominic Ghani held a watching brief for Suhakam.The prosecution had called 12 witnesses during the trial which began on May 3 this year.When met outside the court, Jannie said the decision proved that all citizens have the right to peaceful assembly."It was very clear that from the beginning, they have no case. Throughout the hearing all the witnesses agreed that it was a peaceful assembly and that is what Bersih is about."We just want to use the public place and I am glad that the court had recognised that it was our right to use the public place for assembly," Jannie said.Stay up-to-date by following Daily Express’s Telegram channel.
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