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Sabah Bersih chairperson Jannie, who was represented by counsel Ram, is currently released on bail of RM3,000 with RM1,000 deposit in one local surety, pending disposal of the case.
The first charge against Jannie stated that she had allegedly organized an assembly at the Likas Bay Public Park at Tanjung Lipat in Likas from about 2pm to 9.30pm on August 29 and 10am to 12pm on August 30, respectively, without notifying the officer in charge of a police district, Kota Kinabalu (OCPD KK), ACP Chandrasehkaran Muthu, 10 days before the date of the assembly.
The second charge stated that she allegedly failed to produce a copy of City Hall’s (DBKK) approval (of the rally’s venue) and her notification dated August 19 to the OCPD KK pertaining to the assembly.
The charges, framed under Section 9 (5) of the Peace Assembly Act 2012, are punishable with a fine of up to RM10,000, upon conviction.
Jannie also faces two alternative charges which stated that she allegedly failed to comply with the restrictions and conditions imposed by the OCPD to have the approval of City Hall pertaining to the assembly, respectively, both at the same place and time. These indictments, under Section 15 (3) of the same Act 2012, carry a maximum fine of RM10,000, upon conviction.
23 June 2016
Bersih rally not unlawful, only not in compliance – police chief
KOTA KINABALU: The Kota Kinabaly city police chief continued with his testimony at the Magistrate’s Court here yesterday, saying that he agreed with the Sabah Police Commissioner who said that Bersih 4.0 Kota Kinabalu (B4KK) was unlawful, as quoted in online news articles.
ACP M. Chandra told magistrate Cindy Mc Juce Balitus that there was no meeting with the Sabah Police Commissioner regarding B4KK before the news articles were published.
The news articles from The Star and Malay Mail news online dated August 23, 2015, were tendered to the court by counsel Ram Singh during cross-examination of the ninth witness yesterday.
However, to a question by Ram, Chandra said that he did not say B4KK was unlawful, when giving his oral evidence against Jannie Lasimbang, who was charged under the Peaceful Assembly Act 2012 on Tuesday.
“I did not say it was unlawful. I said that it was not complying with the conditions. It was not in compliance as the organizer did not submit proper and complete documents,” the ninth witness explained.
To another question by Ram, Chandra also agreed that a letter marked as P4 stated that the application of B4KK rally could not be processed because it was incomplete, as a consent letter from the owner of the place of assembly was not included.
Ram:“Would you agree with me that the letter did not state who the owner of the place of assembly is?”
Chandra:“Right.”
Ram:“After the letter was issued, did any of your officers attended a meeting with the City Hall (DBKK), in regard to the B4KK application?”
Chandra:“Yes, there was a meeting with the city mayor, which I attended myself on August 21, 2015.”
Ram:“Was it discussed in the meeting as to who is the owner of Likas Bay Public Park?”
Chandra:“No.”
To a suggestion by Ram, the witness agreed that B4KK was peaceful in nature on August 29, 2015. However, on August 30, 2015, he said the event could have been the other way round if the police did not stop the march.
To another suggestion by Ram, Chandra also agreed that the participants were only moving within the perimeters of the Likas Bay Public Park until the barricades and were not aggressive.
He also said that the participants did not obstruct the duties of the police personnel.
To a question by Ram, Chandra said that there was no instruction from the Sabah Police Commissioner to barricade the whole Likas Bay Public Park.
Ram:“Would you agree with me that if B4KK did not comply with the application to use the Park as a venue, you would barricade the whole place to stop them from participating and entering the venue?”
Chandra:“I would never do that.”
Ram:“By doing that, I believe the police consented for the participants to enter the venue?”
Chandra:“I disagree.”
To another suggestion by Ram, the witness agreed that the participants did not go beyond the barricades put up by the police. He also agreed that there were no arrests made on that day.
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#Bersih4: Angry about GST, Sabahan farmer travels 11 hours for rally (VIDEO) http://bit.ly/1MU1tRj
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Dr Roland Chia @RolandChiaMS 2 minutes ago
Bersama Gen Y di Bersih Sabah 4.0 Tanjung Lipat, KK, Sabah
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Azizi Othman Bersih 4: All calm in Kota Kinabalu: KOTA KINABALU: Key Sabah Bersih leaders were seen wearing the banned Bers… http://bit.ly/1Is0lxX
Malaysia News @Malaysia_Latest 4 hours ago
tm_insider: Rally-goers wave the Sabah flag during the Bersih 4 gathering at Taman Teluk Likas 2 in Kota Kinabalu …
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#BersihRally: Live from KL, KK and Kuching http://fw.to/Wx7LSek
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MandyHere @matiusmatius601 15 minutes ago
C.L.E.A.N Malaysia’s Bersih Movement #29&30.8.15#TjgLipat #Sabah#Bersih4
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Venue: Taman Awam Teluk Likas park, Kota Kinabalu
Taman Awam Teluk Likas park in Kota Kinabalu will be the venue for the Sabah chapter of the Bersih 4 rally this weekend. – The Malaysian Insider pic by Hasnoor Hussain, August 29, 2015.
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Malay Mail Onlinr
Traditional Kadazan ritual conducted for Sabah Bersih organisers for strength and protection
Kadazandusun bobohizan or high priest Adam Gontusan conducted the mamason ritual to get permission from the sunduvan, or local spirits on behalf of the Sabah Bersih organisers in Kota Kinabalu, August 28, 2015. . — Picture by Julia Chan
KOTA KINABALU, Aug 28 — In true Sabahan style, the committee of the Sabah Bersih 4 rally here organised a traditional Kadazan ritual to seek permission from the spirits that guard the way and to protect them from harm.
Called the mamason ritual, a bobohizan, or Kadazandusun high priest Adam Gontusan conducted the simple ritual to get permission from the sunduvan, or local spirits, along their journey to keep them safe and strong.
Bersih committee member Adrian Banie Lasimbang said that they conducted the ritual to seek protection, and to guard against evil spirits and intentions like their ancestors did before setting out on a journey or go to war.
“The ritual was conducted by our forefathers. It is basically to notify, and seek permission from the local spirits along the way — in the trees, rocks, water — that we are coming. We do not mean to cause offense, and we will respect the path we are on,” he said.
The 20-minute ritual involved some 20 people, mostly volunteers of the Bersih 4 rally in Kota Kinabalu, including its chairman Jannie Lasimbang, at the Pacos Trust office in Dongggongon.
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Malaysian Insider
Police ‘No’ a public relations boost for Sabah Bersih
Excitement about Sabah’s Bersih’s rally, which its organisers feared has been lukewarm, has gone up in the past two days thanks to an unlikely source – the police.
Sabah Bersih committee chairperson Jannie Lasimbang said the phones at the office had been ringing non-stop ever since the Sabah police said they were not going to let the rally proceed at a park in Tanjung Lipat, in Kota Kinabalu.
Due to the overwhelming interest from Sabahans, the organisers managed to sell their entire signature yellow Bersih 4 t-shirts from Monday afternoon till yesterday morning, Lasimbang said.
This overwhelming response from Sabahans has given the organisers confidence that the public will turn out for the Merdeka weekend rally even if its leaders were arrested before it.
“People are angry that the police did not want to let the rally proceed. I was surprised by the response to the police’s statement,” she told reporters in Penampang where organisers were handing out leaflets for the rally.
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Malay Mail Online
Insisting rally lawful, Sabah Bersih readies 15 lawyers in preemptive to counter arrests
After claiming they were ‘robbed’ of their constitutional right to hold a peaceful assembly, Bersih Sabah launches a new slogan — “Berani kerana benar, takut kerana salah” (Courageous because of the truth, fearful if you are in the wrong) as a way to counter fear propaganda. — MMO pic
KOTA KINABALU, Aug 25 — Forging ahead with its plans for Bersih 4, the Sabah chapter of electoral watchdog Bersih 2.0 urged Sabahans today not to fear intimidation by the authorities, insisting they were acting within the confines of the law.
Its chairman Jannie Lasimbang said that the group has 15 lawyers on their urgent arrest team to assist participants should there be arrests during the planned 24 hour overnight rally that local police have deemed illegal.
“Bersih Sabah reiterates its call to Sabahans not to fear the threats of arrest for participating in the Bersih 4 KK peaceful assembly.
“We reiterate that we are not going against the Peaceful Assembly Act 2012 or Section 124C of the Penal Code for undermining parliamentary democracy,” she said, referring to Sabah police commissioner Datuk Jalaluddin Abdul Rahman’s statement threatening action against those who participate in the assembly.
Adamant on using the public Tanjung Lipat esplanade also known as Likas Bay Park, Lasimbang said that organisers will continue to negotiate with the police on the planned activities, which includes cultural performances, prayers, interactive sessions with the youth, women, students, indigenous peoples and artists, candle-making, aerobics, beach cleaning activities and camping.
“However, if these are still not allowed, we will still assemble peacefully but carry out less activities. If the police and DBKK will put up barricades, we will respect their rules and not breach the perimeter.
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Malaysian Insider
Sabah Bersih to go ahead with rally despite no green light from cops, city council
Sabah Bersih will go ahead with its planned rally on August 29 and 30 in the Tanjung Lipat area in Kota Kinabalu, despite not getting the green light from the city council and police.
Sabah Bersih chairman Jannie Lasimbang said they planned to still go ahead with the rally, dubbed Pesta Demokrasi, in Tanjung Lipat, an area with a popular public beach front about five minutes from the Kota Kinabalu city centre.
Lasimbang said the police and the Kota Kinabalu City Council’s (DBKK) reasons for not allowing the 24-hour rally to proceed in Tanjung Lipat were pathetic and unacceptable.
“Bersih Sabah will not allow the rights of Sabahans to be trampled… and this only serves to invigorate our spirits to exercise our constitutional rights to assemble.
“We urge the public not to be intimidated by the authorities,” Lasimbang today.
Decision for Bersih 4 with mayor, not you, organisers tell Kota Kinabalu cops
By BY JULIA CHAN | The Malay Mail Online – 11 hours ago
Decision for #Bersih4 with mayor, not you, organisers tell #KotaKinabalu cops – Yahoo News Singapore https://sg.news.yahoo.com/decision-bersih-4-mayor-not-organisers-tell-kota-023300455.html … via @yahoosg
Yahoo 
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KOTA KINABALU, Aug 24 — Sabah Bersih 4 rally organisers are crying foul after the police branded their August 29 demonstration as illegal, claiming City Hall here.
Its chairman Jannie Lasimbang said that a police statement barring the event from proceeding at a popular waterfront bay was preempting the event from obtaining the necessary approval from the mayor’s office.
“This is unfair because OCPD has given us time to talk to the mayor,” Lasimbang said, using the abbreviation referring to the district police officer in charge.
“He should respect this time before making a statement. The ball is in the mayor’s court, not the police,” she added.
The activist said that Bersih 4 organisers have been trying to get an appointment with the mayor but will put in a formal request to see the mayor today to appeal for approval of the use of the venue and will make a statement after.
“We appeal to the police to give us more time to meet with the mayor,” she said.
Last Friday, the organising committee had met with police to discuss terms of the event after serving their notice 10 days ahead of the event.
Lasimbang said police had mentioned several impositions including restricting activities to the Likas Bay park and no use of loudhailers or placards, which she said was unreasonable.
At the time, police had said their event was unlawful until it could obtain approval from the City Hall.
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8:26PM Aug 23, 2015
Cops won’t allow Bersih 4 in Sabah
Sabah police will not allow the planned Bersih 4 gathering at Tanjung Lipat esplanade at Likas Bay, Kota Kinabalu.
According to Star Online, Sabah police chief Jalaluddin Abd Rahman said organisers failed to receive permission from City Hall to use the venue.
He added that organisers had informed the police about the event on Aug 19 and they were informed of the decision the following day.
Should organisers proceed with the event, they can be fined up to RM10,000 under the Peaceful Assembly Act 2012 and may face jail of up to 15 years under Section 124 of the Penal Code, for activities detrimental to Parliamentary democracy.
On August 12, Sabah Bersih head Jannie Lasimbang said that the Sabah-leg of the Bersih 4 rally will be a 24 hour gathering from 2pm on August 29.
Lasimbang said the the esplanade was a good venue for the event because of its popularity and accessibility. She said that City Hall had been informed of their intentions as well.
http://www.malaysiakini.com/news/309614
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weehingthong 