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Monday, May 4, 2015

Cops probe May Day Assembly in KK

The Friday Assembly did not have a permit as required under the Peaceful Assembly Act.
Jannie Lasimbang may day
KOTA KINABALU: The May Day Assembly on Friday in Kota Kinabalu did not have a permit, as required under the Peaceful Assembly Act, and the organisers would be investigated, according to police. About 500 people from various NGOs took part in the gathering and raised various issues including the Kaiduan Dam and illegal immigrants.
An ex-parte court order against any Assembly in the Sabah capital from April 27 to May 3 was also valid, according to police, but noted that participants had kept outside the prohibited area at the historical Padang Merdeka.
Kota Kinabalu City police chief Asst Comm M Chandra did not comment on a ruling in the High Court on Thursday that the ex-parte court order ran from April 20, the date it was issued, to April 27, and had expired.
“The Friday Assembly did not have a permit as required under the Peaceful Assembly Act,” said Chandra.
He declined further comment and said that investigations were in progress.
Since Monday morning, five Bersih 2.0 Sabah activists had been called to the Karamunsing police station in Kota Kinabalu to have their statements taken on the May Day Assembly last Friday. Bersih 2.0 Sabah chairperson Jannie Lasimbang has confirmed that she and four others had been called to Karamunsing to have their statements taken. “We were not given any summons or arrested,” said Lasimbang. “We just gave our statements.”
Lasimbang aside, the others who had their statements taken were Annie Lasimbang, Wilfred Gaban, Andrew Ambrose Mudi and S M Muthu, all members of the organising committee.
“The police wanted to record what transpired during the Himpunan May Day, particularly the content of the speeches made as part of their investigation,” said Lasimbang. “No charges were laid against any of those called to give their statement.”
“The organisers of the Himpunan May Day did not breach the police barricade and Kota Kinabalu OCPD allowed a one-hour period for speeches to be made.”
The five, called by police, reiterated in their statements that freedom of speech and to assemble peacefully were rights enshrined in the Federal Constitution and that the court order should never have been imposed in the first place.
High Court Judge Steven Chung was advised last Thursday by the Magistrate who issued the court order that it had expired on April 27. The Judge was responding to human rights advocate, Daniel John Jambun, who filed a criminal notice of application to set aside an ex-parte court order.
Daniel complained that the court order which had been served on him on April 29 had no date.
The Judge, who heard the Application on a certificate of urgency, pointed out that the court order which had been issued on April 20 under Section 98 (5) of the Criminal Procedure Code had not only expired but was also obtained under an irrelevant section. “There’s nothing for me to hear or rule,” the Judge told Daniel and his counsel Tengku Fuad Ahmad in advising the withdrawal of the application.
Lasimbang’s sister, Annie, and activists Kanul Gindul and Andrew Mudi have also filed police reports. Another report was lodged by Daniel.

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