Ex-Suhakam vice-chairman Tan Sri Simon Sipaun (second left) outside the court with Jannie (fourth left) and Ram (third left) yesterday.
KOTA KINABALU: An investigation officer testified at the Magistrate’s Court here yesterday that Sabah Bersih chairperson committed an offence under the Peaceful Assembly Act 2012 due to her failure to obtain consent from the owner of the place of the assembly.
Labuan head of crime prevention and community safety, ASP Mohd Hamizi Ali, 39, told magistrate Cindy Mc Juce Balitus that thr Bersih 4.0 Kota Kinabalu (B4KK) organizer had failed to get the consent within 10 days before the rally and therefore did not comply with the conditions in the Act.
“The application for the assembly was not valid as it could not be processed by the city police chief, ACP M. Chandra. However, Bersih organizer Jannie Lasimbang, and participants still proceeded with the assembly on August 29 and 30, 2015, even though she knew about it,” he explained.
Under examination-in-chief by deputy public prosecutor Gan Peng Kun, the 11th witness was giving his oral evidence against Jannie, 53, who was charged under the Peaceful Assembly Act 2012, to a question by Gan, Mohd Hamizi said he had received two reports at the criminal investigation office, regarding the two-day rally at Taman Awam Teluk Likas, which was made by ASP Fauzi, on August 30, 2015.
Gan: Who is ASP Fauzi?
Mohd Hamizi: He was appointed as ground officer for the deployment of handling B4KK during that time.
He also said he had an appointment with Jannie on September 1, 2015, to record her statement on the two reports.
To another question by Gan, he said he had obtained three documents from the licensing officer at the police headquarters here as well as from City Hall (DBKK).
“I obtained three documents during the investigation, which were the application signed by Jannie, a feedback letter by the police and a copy of verification of sent fax to the Bersih organizer.
“Investigation was also done at DBKK and I found that the place of assembly belonged to DBKK. I also obtained the application made by the organizer to DBKK in order to use Taman Awam Teluk Likas as the place for the assembly,” he explained.
To another question by Gan, Mohd Hamizi said he had opened an investigation paper under Section 124C of the Penal Code after receiving a report made by head of criminal investigation ASP Norazizul Kefli Mansur on August 19, 2015.
“In the report, it was stated that there was an article on a website at www.bersih.org stating that ‘Bersih 4 rakyat tidak percaya pada Najib dan sistem undi Malaysia’ dated August 14, 2015.
“He made the report after finding out that the article contains a statement that urged Malaysian Prime Minister to resign and call on the public to join Bersih 4.0 on August 29 and 30, 2015. Maria Chin was also stated in the article as the chairperson of Bersih 4.0,” he explained.
In cross-examination by counsel Ram Singh, Hamizi agreed that he had initially opened an investigation paper under Section 124C of the Penal Code and had started an investigation under the Peaceful Assembly Act 2012 after the assembly and receiving reports on the rally.
To a question by Ram, he said he did not attend any meeting with DBKK in regard to the application made by Jannie.
Ram: Did you record a statement from the Mayor?
Mohd Hamizi: No.
Ram: Would you agree with me that a letter dated August 21, 2015 from the Mayor, which did not approve the application, did not state that a consent must be obtained?
Mohd Hamizi: Agree.
Ram: Before you came to the court, did you take any statement from the Lands and Surveys Department?
Mohd Hamizi: No.
Ram: Did you go to the department to get to know who is the owner of Taman Awam Teluk Likas?
Mohd Hamizi: No.
To another question by Ram, Mohd Hamizi also said there was no report lodged to the police by the public on the assembly.
Jannie, who was represented by counsel Ram, is currently released on bail of RM3,000 with RM1,000 deposited with one local surety, pending disposal of the case.
The first charge against Jannie 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 Aug 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 allegedly failed to produce a copy of City Hall’s (DBKK) approval (on the rally’s venue) and her notification dated Aug 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 by a fine of up to RM10,000, upon conviction.
Jannie also faces two alternative charges, namely 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.
The trial will continue on July 11-13 and 15.