Jannie (front row, second left) outside the court with Ram (second right) after the court proceedings yesterday.
KOTA KINABALU: A landscape architect testified in the Magistrate’s Court here yesterday that the Kota Kinabalu City Hall (DBKK) did not approve the application made by the Sabah Bersih chairperson to have an assembly at Likas Bay public park.
Noridahwati Abdul Rahman, 36, who testified before magistrate Cindy Mc Juce Balitus, said that City Hall made the decision after a meeting was held between City Hall and the police on August 21, 2015, pertaining to the application.
“On August 19, 2015, City Hall had received an application pertaining the assembly signed by the chairperson, Jannie Lasimbang. A meeting was then held and City Hall decided not to approve the application based on three reasons; Likas Bay public park was not an appropriate place for the assembly because it is a public park for beach activities and camping, secondly, it will disturb the peace and visitors with family, who come to the park, and thirdly, because of the traffic congestion that will take place along Jalan Tun Fuad Stephens,” she explained.
Noridahwati, who works in City Hall’s landscape department, was under examination-in-chief by deputy public prosecutor Gan Peng Kun in the trial of Jannie, 53, who is charged under the Peaceful Assembly Act 2012.
On the first charge, Jannie was alleged to have organized an assembly at Likas Bay public park at Tanjung Lipat in Likas about 2pm to 9.30pm on August 29 and from 10am to 12pm on August 30 respectively, without notifying the OCPD KK, ACP Chandrasehkaran Muthu, 10 days before the date of the assembly.
The second charge alleged that she had failed to produce a copy of City Hall’s (DBKK) approval (on 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 also faces two alternative charges which alleged that she 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, carries a maximum fine of RM10,000, upon conviction.
To a question by Gan, Noridawati said that she did not attend the meeting but knew about the outcome of the meeting through her director, Walter Kenson. She also said that a feedback letter of disagreement on the application was released by the city mayor on August 21, 2015 and it was also forwarded to the city police chief.
To another question by Gan, she explained that public parks are under the city mayor’s control and City Hall provides facilities for the public such as cycling path at Teluk Likas.
During cross-examination by counsel Ram Singh for Jannie, Noridahwati informed that she was not sure if City Hall was the owner of Likas Bay public park.
Meanwhile, a social activist, SM Muthu, 67, who attended the assembly at Likas Bay on August 29, 2015, testified that he reached the area at 9am and saw many people wearing yellow t-shirts and looking happy.
To a question by Gan, the fifth prosecution witness also said that more people came to the gathering at 2pm and he mingled with the people.
“There were so many people, everybody was happy and many people brought food for us. Police personnel were also friendly and they protected us. I stayed there until around 11am to 12am,” he explained.
To a question by Ram, SM Muthu, who also wore a yellow t-shirt during the gathering, agreed that the gathering was peaceful and nothing untoward had happened.
Jannie is currently released on bail of RM3,000 with RM1,000 deposited in one local surety, pending disposal of the case.
The trial continues today.