Day: August 23, 2016

Ambiga hails ruling against govt over Bersih 3 protest

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Source: FMT News

Former Bersih 2.0 chairperson says Court of Appeal gave a landmark decision by dismissing govt suit claiming compensation for property damage following Bersih 3. Pic taken from FMT News.

Former Bersih 2.0 chairperson says Court of Appeal gave a landmark decision by dismissing govt suit claiming compensation for property damage following Bersih 3. Pic taken from FMT News.

PUTRAJAYA: Ambiga Sreenevasan today hailed the Court of Appeal’s decision to dismiss the government’s suit to claim for damages incurred during the Bersih 3 rally as a landmark ruling.

“It is definitely a landmark ruling, with the court’s decision also maintaining that no suit can be brought under the PAA (Peaceful Assembly Act) for damages,” the former Bersih 2.0 chairperson said, adding the 2015 High Court judgment was “largely upheld”.

Earlier today, the Court of Appeal panel, led by Justice Rohana Yusof, unanimously ruled in the electoral watchdog group’s favour, dismissing the appeal by the government to seek for damages over property damage during the Bersih 3 rally in 2012.

Previously, the High Court had thrown out the government’s lawsuit seeking RM110,543 in special damages to repair police cars that were damaged during the rally and other cost.

Meanwhile, current Bersih 2.0 chairman Maria Chin Abdullah also welcomed the court’s decision. Read more →

NGOs object to proposed fish terminal project in Kuala Kedah

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Source: The Star Online

Consumers Association of Penang (CAP) president S. M. Mohamed Idris - pic taken from The Star Online

Consumers Association of Penang (CAP) president S. M. Mohamed Idris – pic taken from The Star Online

GEORGE TOWN: Sahabat Alam Malaysia and the Consumers Association of Penang (CAP) have objected to the Kedah Government’s proposal to construct a fishery terminal in Tebengau near Kuala Kedah.

CAP president S. M. Mohamed Idris (pic) said the project would adversely affect the environment and livelihood of 2,000 coastal fishermen in Kuala Kedah and surrounding areas.

“Their fishing area, which is Zone A will be reduced and there is possibility of the waters being polluted, and fish breeding grounds threatened.

“We are disappointed with the states decision because the government is not taking into consideration the adverse impacts of the project on the marine environment and livelihood of the local coastal communities,” he said in a statement here Tuesday. Read more →

Putrajaya loses appeal against Bersih 2.0 over 2012 property damage suit

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Source: The Malay Mail Online

Participants shout slogans during a rally organised by pro-democracy group Bersih 2.0 near Dataran Merdeka in Kuala Lumpur. — Reuters pic

Participants shout slogans during a rally organised by pro-democracy group Bersih 2.0 near Dataran Merdeka in Kuala Lumpur. — Reuters pic

PUTRAJAYA, Aug 23 ― The Court of Appeal unanimously today ruled that the federal government is not entitled to sue electoral reform group Bersih 2.0 for property damages during a 2012 rally.

Justice Datuk Rohana Yusuf, who chaired the three-judge panel, dismissed the government’s appeal on its main claim for over RM110,000 in compensation from Bersih 2.0.

“We do not find any provision in the Peaceful Assembly Act 2012 that clearly stipulates the right to claim by the government,” she said when reading the summary of the panel’s decision.

Rohana said the panel found that Section 6(2) of the PAA did not create a statutory duty which would otherwise have created “a right of civil claim by the government” if the duty was breached, adding that the federal government was similarly not given the right to sue for negligence under another law. Read more →

Bersih: Red-shirts welcome to ‘Tangkap’ rally, but be peaceful

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Source: The Star Online

Bersih 2.0 chairman Maria Chin Abdullah - pic taken from The Star Online

Bersih 2.0 chairman Maria Chin Abdullah – pic taken from The Star Online

PETALING JAYA: Bersih says it has no problem facing the “red-shirts” group during the #TangkapMalaysianOfficial1 rally on Saturday, as long as it remains peaceful.

“If the red shirts do come, they can turn up, but do it in a peaceful manner … Respect peaceful assembly,” said Bersih 2.0 chairman Maria Chin Abdullah (pic).

She said Bersih 4, which was held in August last year, demonstrated that a large-scale rally could be held peacefully, without any violence or untoward incident.

“Everyone has the right of expression, but peacefully. We have already done it before, so it should be the norm from now on,” she said.

Bersih has indicated that it will take part in the Aug 27 “Tangkap” rally, which is being organised by several youth groups to pressure the authorities to arrest and charge the “Malaysian Official 1” named in the US Justice Department’s civil suits in relation to 1Malaysia Development Bhd funds.

The rally is being held at two meeting points, Sogo KL and Masjid Negara, and the participants plan to march to Dataran Merdeka at 2pm.

The red-shirt group led by Sungai Besar Umno division chief Datuk Jamal Yunos had indicated that they may hold a counter-rally against “Tangkap” on the same day and at the same location.

Marina: What crime has Namewee committed?

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Source: FMT News

PETALING JAYA: Offending sensibilities isn’t necessarily a crime, says human rights activist Marina Mahathir.

Commenting on the arrest of controversial rapper Namewee over his newest music video, Marina told FMT she felt the police action was extreme and probably prompted by a need to appease oversensitive Muslims.

“We can’t keep kowtowing to people who spend most of their time being offended. I find it rather offensive that they are offended,” she quipped.

Marina made a similar statement about oversensitive Muslims in a blog posting last January. She cited several “ridiculous things” that she said they would get hysterical over, including the alleged presence of pig DNA in chocolates and crucifix-like designs on the roofs of houses.

She had added that she couldn’t understand why Malaysian Muslims were not ashamed to admit their faith was weak and in need of constant protection. Read more →

A ‘big encouragement for freedom of assembly’, Bersih 2.0 chief says on court win against govt

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Source: The Malay Mail Online

Datuk Ambiga Sreenevasan (left) and Maria Chin Abdullah speak to the media after the polls reform group's victory at the Court of Appeal, August 23, 2016. ― Picture by Ida Lim

Datuk Ambiga Sreenevasan (left) and Maria Chin Abdullah speak to the media after the polls reform group’s victory at the Court of Appeal, August 23, 2016. ― Picture by Ida Lim

PUTRAJAYA, Aug 23 ― Bersih 2.0 chairman Maria Chin Abdullah hailed the appellate court’s dismissal of the government’s appeal today as an affirmation of Malaysians’ constitutional right to protest peacefully.

She added that the Court of Appeal’s judgment is a major boost for future rallies, including Saturday’s #TangkapMO1 protest organised by a youth group and her coalition’s undated plans to hold a Bersih 5 rally this year.

“It’s not just an encouragement to Bersih 5, but August 27, that’s going to be #Tangkap MO1 [rally], it’s a big encouragement for freedom of assembly,” she told reporters here immediately after the court decision.

“I guess this one actually has a lot of implications in future rallies, it means that our freedom of assembly is upheld and we are very happy about it,” she also said.

Datuk Ambiga Sreenevasan, who was the former Bersih 2.0 co-chair, said the court ruling meant that the government cannot file a lawsuit under the Peaceful Assembly Act (PAA) 2012 for property damages that occurred during rallies.

“In terms of the PAA, what it means is you (government) cannot sue for damages against participants under the PAA. And nevertheless they had failed to prove their case in any event,” she said.

Commenting on the Court of Appeal ruling, Ambiga said Bersih 2.0 was “pleased” to hear that each of the three judges on the panel today wrote separate judgments on the different areas of the law. Read more →