High Court rules in favour of Bersih, dismisses Government's claims

The High Court here today dismissed the Federal Government's claims that electoral reform group Bersih was responsible for damages of properties during its 2012 rally.

In his decision today, High Court judge Datuk John Louis O'Hara said Putrajaya was unable to prove on the balance of probability.

"The plaintiff (Government) charges that the defendants failed to carry out their statutory responsibility when the assembly went out of control and turned into a riot, causing damage to the vehicles, mostly belonging to the police and repair cost amounted to RM122,000," news portal The Malaysian Insider reported the suit as saying.

Justice O'Hara said, althought the Peaceful Assembly Act (PAA) 2012 is constitutional, the Bersih 2.0 steering committee was not liable for the damages caused.

He dismissed the Government's claim for RM122,000 in property damages as the "acts of the cops contributed to the damage".

Bersih

Ambiga and political activist Hishamuddin Rais (left) giving their thumbs-up after the decision was made. - Twitter/@honeyean

The Government filed the suit on May 15, 2012 against then Bersih co-chair Datuk S. Ambiga and the group's steering committee members including Maria Chin Abdullah, Zaid Kamarudin, K. Arumugam, S. Arul Prakkash, Wong Chin Huat, Dr Ahmad Farouk Musa, Toh Kin Woon and Andrew Khoo.

The government was claiming special compensation amounting to RM122,000 as cost to repair damaged police vehicles, other costs, interests and other relief deemed fit by the court.

It also sought a declaration that the defendants, as the organisers of the Bersih 3.0 rally, had violated Section 6 (2)(g) of the Peaceful Assembly Act 2012, as they had the responsibility, among others, of ensuring that the gathering would not cause damage to public property.

In the statement of claim, the government also stated that the gathering around Dataran Merdeka turned unruly when the participants broke through the police barricades.