KUALA LUMPUR: The High Court yesterday set Aug 10 to hear an application by one of 10 defendants to strike out a suit filed by the government over the Bersih 3.0 rally and an application by six Bersih 2.0 steering committee members to be interveners in the suit.
Judge Datuk John Louis O’Hara set the date to hear Haris Fathillah Mohamed’s application to strike out the suit and the application of A. Samad Said, Yeo Yang Poh, Hishamuddin Md Rais, Ahmad Syukri Che Razab, Subramaniam Pillay and Liau Kok Fah to be the interveners.
He had earlier met in chambers Senior Federal Counsel Azizan Md Arshad, who represented the government, counsel R. Thipajothi, who acted for Haris Fathillah, and Syahredzan Johan, who appeared for the other defendants, when the case came up for case management.
Azizan told reporters that Haris Fathillah, a lawyer, filed the application on July 16 on the grounds that he was not an organiser of the Bersih 3.0 rally and also not a member of the Bersih 2.0 steering committee and, therefore, he could not be held liable.
The government filed the suit against the 10 defendants on May 15, claiming special compensation amounting to RM122,000 as cost to repair the damaged police vehicles, other costs, interests and other relief deemed fit by the court.
In its statement of claim, the government named Ambiga, Maria Chin Abdullah, Zaid Kamarudin, Haris Fathillah, K. Arumugam, S. Arul Prakkash, Wong Chin Huat, Dr Ahmad Farouk Musa, Toh Kin Woon and Andrew Khoo as the defendants.
The government is also seeking a declaration that the defendants, as the organisers of the Bersih 3.0 rally, had violated Section 6 (2)(g) of the Peaceful Assembly Act 2012, whereas they had the responsibility, among others, of ensuring that the gathering would not cause damage to public property.
In the statement of claim, the government also stated that the gathering around Dataran Merdeka turned unruly when the participants broke through the police barricades.
It said that on that day, the police were stationed around the area to ensure that the rally participants did not violate the order issued by the Magistrate’s Court on April 26, which prohibited a gathering from being held at Dataran Merdeka and for the public not to be present there or to take part in any protest rally between April 28 and May 1 this year. — Bernama