KOTA KINABALU: The High Court here yesterday fixed July 28 this year to deliver its decision on an appeal against the acquittal of Sabah Bersih 4.0 chairperson Jannie Lasimbang.
Justice Datuk Yew Jen Kie, who is a Kuching-based judge, set the date to deliver the decision on the appeal by the prosecution against Jannie, 53, who was freed by the lower court on December 20, 2016.
According to Jannie’s counsel Ram Singh when met outside the courtroom, he told reporters that the proceedings was done via teleconference in the video conference room at the court here.
He also said that the judge had fixed the date to give her decision. He also told the parties that they could submit further and exchange submissions if any.
The subordinate court had acquitted and discharged Jannie, 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 Peaceful Assembly Act (PAA) 2012, which is 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 in Tanjung Lipat, Likas at about 2 pm to 9.30 pm on August 29 and 10 am to noon on August 30, respectively, without notifying the officer-in-charge of police district, Kota Kinabalu, OCPD ACP Chandrasehkaran Muthu, 10 days before the date of the assembly.
The second charge alleged that she failed to produce a copy of City Hall’s (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.
Deputy public prosecutor Gan Peng Kun for the appellant and counsel Dominic Ghani held a watching brief for Suhakam Malaysia.
Jannie was present in court and was seen with her supporters from Bersih and other activists.