April 24 decision on Bersih bid to quiz Hisham, IGP

The Kuala Lumpur High Court’s Appellate and Special Powers Division will decide on April 24 whether or not to allow lawyers representing Bersih 2.0 to cross-examine the home minister and inspector-general of police (IGP).

Justice Rohana Yusuf fixed the date after hearing submissions in her chambers today from a lawyer for the Bersih 2.0 steering committee headed by Ambiga Sreenevasan (left), and senior federal counsel representing the minister and IGP.

Senior lawyer Tommy Thomas submitted on behalf of the legal team representing Bersih 2.0, including K Shanmuga, Fahri Azzat and Aston Paiva.

Senior federal counsel Azizan Md Arshad represented the respondents.

Shanmuga, speaking for the legal team, told reporters that it wants to cross-examine Hishammuddin (right in photo) and IGP Ismail Omar (on the left) to understand how they reached the decision to outlaw Bersih 2.0 ahead of the street rally in Kuala Lumpur on July 9 last year.

“(In turn) Ambiga is willing to be cross-examined by (the senior federal counsel),” he said.

Azizan told reporters that he had objected to the application to cross-examine Hishammuddin and Ismail, as all documents and affidavits were in order.

“The court can decide on the substantive issues based on the documents that have been submitted. There is no need to call the minister or IGP,” he said.

On July 1 last year, Home Minister Hishammuddin Hussein outlawed Bersih 2.0 - the coalition for clean and fair elections - and branded organisers of the street rally as a threat to national security.

The movement is seeking an order of certiorari to either remove Hishammuddin's declaration or to declare it null and void.

In a judicial review application filed seven days after Hishammuddin's order, Bersih 2.0 said it was different from Bersih 2007 - which had comprised political parties and civil society organisations - because it does not have political affiliations

Numerous meetings had been held with the government and the Election Commission prior to the declaration, it said, without complaint that Bersih 2.0 was an ‘unlawful organisation’ or that it may upset national security and public order.

It further claimed that Bersih 2.0 is not a society within the meaning of the Societies Act, and that the government has no power to declare a group of organisations to be unlawful.

Police reports 'lodged outside KL'

Bersih 2.0 also wants the minister and IGP to produce the 1,700 police reports lodged nationwide against the movement.

Shanmuga said the legal team has only received 110 reports.

“Most of the reports come from places outside Kuala Lumpur that were not affected by the rally. Reports were lodged as far away as Arau in Perlis, Machang in Kelantan and Sungai Petani in Kedah,” he noted.

“The police report in Sungai Petani was made by a police officer who claimed he heard a speech by (Sungai Siput MP) Dr D Jeyakumar (right), telling people to come to the Bersih rally. At the end of the report, however, the officer noted there were no untoward incidents after the ceramah.”

Apart from Ambiga, the Bersih 2.0 steering committee members are Dr Ahmad Farouk Musa, S Arul Prakkash, K Arumugam, Haris Fathillah Mohamed Ibrahim, Andrew Khoo Chin Hock, Liau Kok Fah, Maria Chin Abdullah, SP Subramaniam, Toh Kin Woon, Wong Chin Huat, Yeo Yang Poh, Yeoh Yong Woi and Zaid Kamaruddin.