Court to decide Bersih vigil appeal on June 5

The High Court here will deliver a decision next month over an appeal by the Attorney-General’s Chambers against 21 people acquitted of the charge of taking part in an ‘illegal assembly’ five years ago.

Judge Choong Siew Khim on Friday fixed June 5 as the date to deliver her ruling, saying that she needed some time to go through the evidence before deciding on the matter.

Choong had earlier heard submissions by the appellant and the respondents, which included several Opposition representatives as well as a Catholic priest.

Deputy public prosecutor Lailawati Ali on Friday morning played a video recording recorded by the police of the November 9, 2008, gathering in the courtroom, identifying those who appeared at the ‘Bersih anniversary vigil’.

Lailawati argued that the court should take into account the ‘new’ evidence and overturn the decision made by the Sessions court in acquitting the group.

The crux of the matter, said Lailawati, was whether the gathering, which started off in Amcorp mall and ended near the Petaling Jaya City Council (MBPJ) building, was planned or not.

Lailawati added that both assemblies were “continuous”, one and the same, and therefore is considered organised. However, the lawyers acting for the respondents argued that the gathering was “spontaneous”.

“Even the prosecution witnesses support that the gathering was one that was spontaneous,” said Gobind Singh Deo, acting for the four DAP representatives in the case, submitting that even the police witnesses did not know that there would be a second gathering at MBPJ.

Gobind also argued that there were several discrepancies in the prosecution’s case -- including the length of time police allowed before the dispersal order was given; and the timing of the video being different from that of the charge.

However, deputy public prosecutor How May Ling argued that any discrepancies were immaterial to the case.

“The charge is still valid. The video merely corroborates what was said previously by witnesses. The order of dispersal, whether 15 or 30 minutes, had lapsed anyway,” she said.

On September 18, 2012, a Sessions Court acquitted all 21 charged with taking part in an illegal assembly under the now-repealed Section 27 of the Police Act 1967.

Sessions Court judge Hayatul Akmal ruled that the prosecution had failed to prove a prima facie against the 21 who accused of refusing to comply with a police order to disperse in front of the Petaling Jaya City Council (MBPJ) building on November 9, 2008 between 9pm and 10.10pm.

Those charged included Catholic priest Rev Father Paulino Miranda, Petaling Jaya Utara MP Tony Pua, Selangor DAP state assemblymen Ronnie Liu and Lau Weng San, and Petaling Jaya city councillor Tiew Way Keng. They also included activists aged between 25 and 62.

The current Public Assembly Act 2012 have now greatly relaxed the laws on gatherings, allowing assemblies without the need of a police permit.