KOTA KINABALU: The Magistrate’s Court here yesterday adjourned to May 18 this year the case of Bersih Sabah chairperson who was charged under the Peaceful Assembly Act, to consider questions raised by the defence before referring same to the High Court on the right to assemble peaceably and without arms.
Magistrate Cindy Mc Juce Balitus made the order in the trial of Jannie Lasimbang, 53, in order to give ample time for her counsel Ram Singh to frame questions based on the issue under Article 10 (2) b of the Federal Constitution.
According to Ram, he will be preparing the questions which will be provided to the prosecution before referring same to the magistrate for consideration before passing it on to the High Court.
At the trial so far, the prosecution led by deputy public prosecutor Gan Peng Kun, had called one witness, who is a senior police officer.
The first charge against Jannie stated that she had allegedly organized an assembly at Taman Awam Teluk Likas at Tanjung Lipat in Likas from 2pm to 9.30pm on August 29 and 10am to 12pm on August 30, respectively, without notifying the OCPD Kota Kinabalu, ACP Chandrasehkaran Muthu, 10 days prior to the date of the assembly.
The second charge stated that she allegedly failed to produce a copy of Kota Kinabalu City Hall’s (DBKK) approval (in respect of the rally’s venue) in her notification dated August 19 to the OCPD KK pertaining to the assembly.
The charges framed under Section 9 (5) of the Peaceful Assembly Act 2012, is punishable with a fine of up to RM10,000, upon conviction.
Jannie was alternatively charged with allegedly failing to comply with the restrictions and conditions imposed by the OCPD KK to have City Hall’s approval pertaining to the assembly at the same place and time.
The charges under Section 15 (3) of the same Act, carries a maximum fine of RM10,000 , upon conviction.
Prior to commencement of the trial proper, Jannie had raised two issues during her pre-trial case management one of which was her contention on the delegation of power, whereby on August 19, 2015, Jannie had officially written to the City police chief (OCPD KK) and received a reply on August 20, 2015. However, the reply did not come from the OCPD himself but his deputy, in reply to Jannie’s letter.
The defence’s second contention is that an application under Section 9 of the Peaceful Assembly Act 2012, that is, to give a notice to the OCPD to organize a peaceful assembly should come first before an application under Section 11 of the same Act, which is to seek permission from the land owner (City Hall) to use the land for the said assembly.
After hearing the two issues raised, the magistrate had on February 19 this year ordered for the case to go to trial.
Jannie is currently released on a bail of RM3,000 with RM1,000 deposited in one local surety, pending disposal of the case.
Ram was assisted by counsel YS Lo.