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24 May 2012| last updated at 02:03AM

Govt sues Bersih

By JENNIFER GOMEZ | news@nst.com.my

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UNPRECEDENTED: Ambiga and nine others ‘caused damage to public property’

KUALA LUMPUR: DATUK S. Ambiga and nine others were slapped with a suit by the government for damage to public property during the April 28 Bersih 3.0 rally.

The suit was filed by a senior federal counsel from the Attorney-General’s Chambers at the High Court on May 15.

The other defendants named in the suit were Ambiga’s fellow Bersih 2.0 steering committee members: Maria Chin Abdullah, Zaid Kamarudin, Haris Fathillah Mohamed, K. Arumugam, S. Arul Prakkash, Dr Wong Chin Huat, Dr Ahmad Farouk Musa, Datuk Dr Toh Kin Woon and Andrew Khoo.

The government, in an unprecedented move, is seeking a declaration that the defendants were in violation of the Peaceful

Assembly Act 2012. It is also seeking RM122,000 in damages for losses suffered during the rally.

The claim said a magistrate had issued an order on April 26 prohibiting any assembly at Dataran Merdeka between April 28 and May 1.

The government claimed the rally organisers had gathered around Dataran Merdeka on April 28.

It alleged that rally participants became unruly when they broke through the barricade surrounding Dataran Merdeka and caused damage to public property.

Section 6(2)(g) of the act states the defendants had a responsibility to ensure that participants did not cause damage to public property.

The plaintiff claimed the defendants had failed to carry out their duty when the rally got out of control and turned into a riot, which saw damage to public property.

Most of the damage was to police vehicles.

Among those listed in the suit were:

A PROTON Waja, with registration number WPP 1264, driven by Ruzaimi Ramli under Ops Aman in Jalan Tuanku Abdul Rahman, was allegedly kicked at and pelted with stones.

A NISSAN X-Trail,  with registration number WQW 160, driven by Hairul Nizam Md Nor, was kicked at and pelted with stones, mineral water bottles and bricks in front of Pertama Complex in Jalan Tuanku Abdul Rahman.

MOHD FAIRUZ Zulkifli, who was riding a Honda CBX750 in  Jalan Tuanku Abdul Rahman,  lost control and crashed after he was attacked.

A NISSAN Urvan, registration number WWA 4509, driven by Mohd Fakri Yusof, was attacked and pelted with objects at the corner of Jalan Raja Chulan and Jalan Tun Perak.

SEVEN VEHICLES belonging to the Bukit Aman Strike Force Unit, including a Honda Accord (WQV 941), Proton Perdana V6 (WKP 2426), Nissan X-Trail 2.5 (WSC 7241), Proton Waja (WPQ 2707), Rexton (WQV 6910), Nissan X-Trail 2.5 (WNP 6120) and Nissan X-Trail 2.0 (WSC 2091) were damaged.

TWO WATER cannon trucks (WJA 8085 and WJA 8086) were damaged when objects were thrown at them at Dataran Merdeka, Jalan Tun Perak and Lebuh Ampang.

The plaintiff claimed that rally  organisers had failed to take steps to ensure the rally went on peacefully.


In an immediate response, Ambiga told the New Straits Times  she was consulting her lawyers.

“We will  take  the necessary steps.”

The suit has been slated for mention before High Court judge Prasad Sandosham Abraham on June 13.


 

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