Bersih 4.0 chief to enter defence

Sabah Bersih 4.0 chairperson Jannie Lasimbang was ordered by the High Court yesterday to enter her defence on two principal charges against her under the Peaceful Assembly Act (PAA) 2012.

KOTA KINABALU: Sabah Bersih 4.0 chairperson Jannie Lasimbang was ordered by the High Court here yesterday to enter her defence on two principal charges against her under the Peaceful Assembly Act (PAA) 2012.

Justice Datuk Yew Jen Kie made the decision after allowing the appeal made by the prosecution against Jannie’s acquittal.

Yew said she found merit in the appeal and therefore allowed the appeal by setting aside the order of acquittal and discharge, in respect of the first and second principal charges, and ordered Jannie to enter her defence.

She also ordered the 53-year-old activist to be produced before the Magistrate’s Court on or before August 31, for further mention and to fix the hearing date.

Jannie was freed by the lower court on December 20, 2016, 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 PAA 2012, which are 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 2pm to 9.30 pm on August 29, and 10am to noon on August 30, respectively, without notifying the officer-in-charge of the police district, Kota Kinabalu 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 (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.

The prosecution produced 12 witnesses during the trial which began on May 3, 2016.

Deputy Public Prosecutor Gan Peng Kun apperaed for the appellant and counsel Ram Singh represented Jannie, while counsel Dominic Ghani is holding a watching brief for Suhakam.