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Court sets July 28 on appeal against Bersih 4.0 chairperson’s acquittal

17th June, 2017

KOTA KINABALU: The High Court fixed July 28 for decision of the prosecution’s appeal against the acquittal of Bersih 4.0 Sabah organising chairperson Jannie Lasimbang on four charges related to Bersih rally.

Judge Yew Jen Kie fixed the date on Jannie via video-conferencing at the Video Conference Room, yesterday.

On Dec 20, last year, the Magistrate’s Court freed Jannie, a former Suhakam commissioner, without her defence being called on four charges after ruling that the prosecution had failed to establish a prima facie case against her. Jannie was discharged and acquitted from the charges of failing to comply with conditions stipulated in the Peaceful Assembly Act (PAA) 2012 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, 2015 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, 2015 and between 10am and noon the next day on Aug 30, 2015.

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 upon 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, 2015 and between 10am and noon the following day on Aug 30, 2015.

Deputy Public Prosecutor Gan Peng Kun appeared for the prosecution while counsel Ram Singh t defended Jannie. Meanwhile Counsel Dominic Ghani appeared as watching brief counsel for The Human Rights Commission of Malaysia (SUHAKAM).

The prosecution had called 12 witnesses during the trial which began on May 3, 2016. – ECA

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