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Thursday, January 19, 2017

Apex court rejects gov't's appeal to claim damages from Bersih



The Federal Court has dismissed the government's appeal with regard to seeking damages from electoral watchdog group Bersih for organising its third rally in 2012.
The apex court upheld the Court of Appeal's decision last August that the government and police have no right to institute a claim under the Peaceful Assembly Act 2012 (PAA) for damages following the rally.
The three-member Federal Court bench, led by Chief Judge of the High Court in Sabah and Sarawak Richard Malanjum, dismissed the government's application for leave to appeal after the High Court and Court of Appeal dismissed the claim.
The two other presiding judges were Justice Hassan Lah and Justice Abu Samah Nordin.
The panel, however, did not award costs.
Following the rally on April 28, 2012, the police and government filed a claim for RM122,000 for damages to police vehicles during the rally.
Initially, they named then Bersih chairperson Ambiga Sreenevasan and Bersih as defendants, but the other steering committee members applied to be parties in the suit.
At the Court of Appeal last year, Justice Rohana Yusof had said Section 6(2) of the PAA did not state the government's right to a civil action claim. Section 6 covers the responsibilities of organisers in having the rally.
"We are of the considered view that Section 6(2) of the PAA does not create a statutory duty, which if violated, would necessarily create a right of civil action by the government," she had said. 
It was reported that the Kuala Lumpur High Court had in 2015 ruled that the PAA was constitutional, but Justice John Louis O Hara dismissed the government's claim. 
With today's decision, the apex court also affirmed the award of RM10,000 in aggravated damages and another RM5,000 for pain and suffering for political analyst Wong Chin Huat, who was also a steering committee member of Bersih. He claimed that police officers had assaulted him during the arrest. 

Bersih's lawyer Tommy Thomas in his submission today said under the PAA, Section 3 defines a person with interests as a person residing, working or carrying business, or having residential or commercial property in the vicinity or at the place of the assembly. 
It does not define the government, he said. 
Commenting on the decision, present Bersih chairperson Maria Chin Abdullah said they will continue to hold rallies while obeying the law. 
"All of our rallies have been done in a peaceful manner. We hope this would serve a lesson to the government that Bersih will continue to have peaceful street rallies and at the same time, abide by the law."-Mkini

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