Bersih rally not unlawful, only not in compliance – police chief

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jannie7 copyKOTA KINABALU: The Kota Kinabaly city police chief continued with his testimony at the Magistrate’s Court here yesterday, saying that he agreed with the Sabah Police Commissioner who said that Bersih 4.0 Kota Kinabalu (B4KK) was unlawful, as quoted in online news articles.

ACP M. Chandra told magistrate Cindy Mc Juce Balitus that there was no meeting with the Sabah Police Commissioner regarding B4KK before the news articles were published.

The news articles from The Star and Malay Mail news online dated August 23, 2015, were tendered to the court by counsel Ram Singh during cross-examination of the ninth witness yesterday.

However, to a question by Ram, Chandra said that he did not say B4KK was unlawful, when giving his oral evidence against Jannie Lasimbang, who was charged under the Peaceful Assembly Act 2012 on Tuesday.

“I did not say it was unlawful. I said that it was not complying with the conditions. It was not in compliance as the organizer did not submit proper and complete documents,” the ninth witness explained.

To another question by Ram, Chandra also agreed that a letter marked as P4 stated that the application of B4KK rally could not be processed because it was incomplete, as a consent letter from the owner of the place of assembly was not included.

Ram:“Would you agree with me that the letter did not state who the owner of the place of assembly is?”

Chandra:“Right.”

Ram:“After the letter was issued, did any of your officers attended a meeting with the City Hall (DBKK), in regard to the B4KK application?”

Chandra:“Yes, there was a meeting with the city mayor, which I attended myself on August 21, 2015.”

Ram:“Was it discussed in the meeting as to who is the owner of Likas Bay Public Park?”

Chandra:“No.”

To a suggestion by Ram, the witness agreed that B4KK was peaceful in nature on August 29, 2015. However, on August 30, 2015, he said the event could have been the other way round if the police did not stop the march.

To another suggestion by Ram, Chandra also agreed that the participants were only moving within the perimeters of the Likas Bay Public Park until the barricades and were not aggressive.

He also said that the participants did not obstruct the duties of the police personnel.

To a question by Ram, Chandra said that there was no instruction from the Sabah Police Commissioner to barricade the whole Likas Bay Public Park.

Ram:“Would you agree with me that if B4KK did not comply with the application to use the Park as a venue, you would barricade the whole place to stop them from participating and entering the venue?”

Chandra:“I would never do that.”

Ram:“By doing that, I believe the police consented for the participants to enter the venue?”

Chandra:“I disagree.”

To another suggestion by Ram, the witness agreed that the participants did not go beyond the barricades put up by the police. He also agreed that there were no arrests made on that day.

Sabah Bersih chairperson Jannie, who was represented by counsel Ram, is currently released on bail of RM3,000 with RM1,000 deposit in one local surety, pending disposal of the case.

The first charge against Jannie stated that she had allegedly organized an assembly at the Likas Bay Public Park at Tanjung Lipat in Likas from about 2pm to 9.30pm on August 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 charge stated that she allegedly failed to produce a copy of City Hall’s (DBKK) approval (of the rally’s venue) and her notification dated August 19 to the OCPD KK pertaining to the assembly.

The charges, framed under Section 9 (5) of the Peace Assembly Act 2012, are punishable with a fine of up to RM10,000, upon conviction.

Jannie also faces two alternative charges which stated that she allegedly 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, under Section 15 (3) of the same Act 2012, carry a maximum fine of RM10,000, upon conviction.

Deputy public prosecutor Gan Peng Kun acted on behalf of the prosecution while counsels YS Lo and Timothy Daut appeared together with Ram. Dominic Ghani held a watching brief for Suhakam, yesterday.

The trial will continue on Friday.