KOTA KINABALU: The Magistrate’s Court here yesterday was told that a notification assembly application on the Bersih 4.0 rally was not processed due to the absence of a consent letter from the owner of the place of assembly.
Superintendent Mohd Azhar Hamin, 44, who was testifying before magistrate Cindy Mc Juce Balitus, said he received a file on the application at the Karamunsing police station here on August 19, 2015.
“The file, namely organizer Jannie Lasimbang and assembly time starting from 2pm on August 29 until 2pm on August 30, 2015 at Tanjung Lipat, Likas, was addressed to the city police chief ACP M. Chandra but he (Chandra) was attending a course at Maktab Polis Cheras.”
“I checked on the file and found that there was no consent letter from the owner of the place of the assembly and called ACP Chandra on the matter,” testified the second witness under examination-in-chief by deputy public prosecutor Gan Peng Kun.
Mohd Azhar said ACP Chandra told him that the application could not be processed because it was incomplete.
“In the absence of ACP Chandra, I, as acting city police chief, ordered Mohamad (clerk) to make a feedback letter to notify the applicant that the application could not be processed because it was incomplete and I signed the letter on August 20, 2015,” explained Mohd Azhar.
To another question by Gan, Mohd Azhar said under Section 10 (c) of the Peaceful Assembly Act 2012, an applicant must give a consent letter from the owner of the place of assembly in order to get the notification of assembly.
During cross-examination-in-chief by counsel Ram Singh, who represented Jannie, 53, Mohd Azhar said Tanjung Lipat was a public place and must have an owner, which the applicant should know.
“The applicant must have the consent letter from the owner of the place of assembly. I do not know who is the owner of the place. The applicant should find out who is the owner,” he explained.
To a question by Ram, Mohd Azhar also said there was a typing error in the feedback letter which he signed; it was supposed to be written as acting city police chief instead of city police chief.
Meanwhile, the prosecution’s third witness, Mohamad Awang, testified that he received the notification of assembly application over the counter from a group of people, including Jannie, at the licensing department at the city police headquarters here.
Mohamad, who is assistant administrative officer, explained that he had verbally told the applicant that the application was incomplete and had been handed over to the assistant city police chief, Mohd Azhar.
To a question by Gan, the third witness also said on August 20, 2015, he contacted Jannie to notify her that the application was not allowed because it was incomplete and had faxed the feedback letter to the organizer’s office twice.
Jannie, who is Bersih Sabah chairperson, was tried since May 3 for charges under the Peaceful Assembly Act 2012.
The first charge against her stated that she had allegedly organized an assembly at Taman Awam Teluk Likas at Tanjung Lipat in Likas here at about 2pm to 9.30pm on Aug 29, and 10am to 12pm on August 30, respectively, without notifying the officer in charge of a police district, Kota Kinabalu (OCPD KK), ACP Chandrasehkaran Muthu, 10 days before the date of the assembly.
The second count stated that she had allegedly failed to produce a copy of City Hall’s (DBKK) approval (on the rally’s venue) and her notification dated August 19 to the OCPD KK pertaining to the assembly.
The charges were framed under Section 9 (5) of the Peaceful Assembly Act 2012, which is punishable with a fine of up to RM10,000, upon conviction.
Jannie also faces two alternative charges where she was alleged to have failed to comply with the restrictions and conditions imposed by the OCPD to have the approval of City Hall pertaining to the assembly, respectively, both at the same place and time.
These indictments come under Section 15 (3) of the same Act 2012, which also carries a maximum fine of RM10,000, upon conviction.
Jannie is currently released on bail of RM3,000 with RM1,000 deposited in one local surety, pending disposal of the case.
DPP Gan appeared together with DPP Muhammad Zuhaili Mat Rani for the prosecution while counsel Dominic Ghani held a watching brief for the Human Rights Commission of Malaysia (Suhakam).
The trial continues on June 15-17.