Decision on appeal against Bersih 4.0 chief’s acquittal deferred

KOTA KINABALU: The decision on an appeal against the acquittal of Sabah Bersih 4.0 chairperson, Jannie Lasimbang, was adjourned to August 25 by the High Court here.

Justice Datuk Yew Jen Kie put off the date on Jannie, 53, who was freed by the lower court on December 20, 2016.

Jannie was acquitted and discharged by the subordinate court here, without calling for her defence, after the court ruled that the prosecution had failed to establish a prima facie case against her on the two main charges and two alternative charges.

The main charges were framed under Section 9 (5) of the Peaceful Assembly Act (PAA) 2012, which is punishable by a fine of up to RM10,000, upon conviction.

The first charge against Jannie alleged that she had organized an assembly at the Likas Bay public park at Tanjung Lipat, Likas at about 2 pm to 9.30 pm on August 29 and 10 am to noon on August 30, respectively, without notifying the officer-in-charge of the Kota Kinabalu police, OCPD 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) and her notification dated August 19 to the OCPD KK pertaining to the assembly.

Jannie also faced two alternative charges for allegedly failing to comply with the restrictions and conditions imposed by the OCPD to have City Hall’s approval pertaining to the assembly, respectively, both at the same place and time.

These indictments under Section 15 (3) of the same Act 2012, also carry a maximum fine of RM10,000, upon conviction.

Deputy Public Prosecutor Gan Peng Kun for the appellant and counsel Ram Singh represented Jannie.