Bersih and Putrajaya seek to settle case over April 28 rally, trial adjourned

(The Malay Mail) –  According to Senior Federal Counsel (SFC) Azizan Md Arshad, who is representing the government, the plaintiff is willing to consider Bersih 2.0’s proposal to settle the case.

Polls watchdog Bersih 2.0 and Putrajaya are seeking to settle a RM122,000 suit over government property damaged during the April 28 rally for electoral reforms last year.

Datuk Ambiga Sreenevasan (picture), the co-chairman of Bersih 2.0, told reporters today that both parties had agreed to explore the possibility of settling the matter.

“The matter has been adjourned pending settlement to January…It’s really to give parties a chance to explore the possibilities of settlement,” Ambiga said in a brief press conference at the Kuala Lumpur Court Complex here.

According to Senior Federal Counsel (SFC) Azizan Md Arshad, who is representing the government, the plaintiff is willing to consider Bersih 2.0’s proposal to settle the case.

“We are willing to seriously look into the proposal. We will bring up that matter to higher authority for consideration,” he told reporters after lawyers from both parties met in the judge’s chambers today.

On May 23 last year, the federal government sued Ambiga and nine other Bersih 2.0’s steering committee members under section 6(2)(g) of the Peaceful Assembly Act (PAA) 2012 for allegedly failing in their duties as the rally’s organisers to ensure that it did not cause property damage.

The government is seeking a declaration that Bersih had breached section 6(2)(g) of the PAA.

The government is also claiming RM122,000 for repair work to 15 vehicles that mostly belonged to the police, general damages and interest.

But on June 8 last year, Ambiga filed a countersuit against Putrajaya, claiming that the government had violated her constitutional rights.

Among other things, she also argued that the PAA was against the Federal Constitution, pointing specifically to section 6 which she said had restricted her right to freedom of assembly.

The suit is notable for being the first case where the government used the PAA against rally organisers, while Ambiga’s countersuit is also the first time where the constitutionality of the PAA is being challenged in courts.

Following an application last year by several Bersih 2.0 committee members to be interveners in the suit, the government’s case is now against Ambiga and 14 others.

The trial, initially set to start today, will now be heard before High Court judge Datuk John Louis O’Hara from January 6-10.

The court has fixed September 20 as the case management date for the civil suit.