Bersih's 'illegal assembly' trial postponed to Dec 2
The Petaling Jaya Sessions Court today postponed the trial of 23 people, including three Pakatan Rakyat elected representatives, charged with illegal assembly for participating in a Bersih gathering.
The Petaling Jaya Sessions Court today postponed the trial of 23 people, including three Pakatan Rakyat elected representatives, charged with illegal assembly for participating in a Bersih gathering.
Judge Balqis Aini Mohd Ali fixed Dec 2 for mention in order for some of the accused to appoint counsel.
Furthermore, there is an application by one of the accused, Catholic priest Father Paulino Francesca Miranda, to disqualify Balqis from hearing the case. A copy of the application was filed yesterday.
The case had earlier been fixed for trial until Thursday.
To mark Bersih's 2nd anniversary today, the accused led by Selangor executive councillor Ronnie Liu cut a cake.
Meanwhile, the court also issued warrants of arrest for three of the accused: K Raman, Mohd Fasya Mohd Tajudin and blogger Syed Ahmad Syed Hassan for not attending today's proceedings.
Petaling Jaya MP Tony Pua, Kampung Tunku assemblyperson Lau Weng San and Petaling Jaya City Council (MBPJ) councillor Tiew Way Keng were among those charged.
The rest were G Ramish, Augustine Gan Liam Tee, Andrew Ng Yew Han, Lim Cheng Inn, Ooi Suan Huah, Ambrose Poh Teik Huat, Johny Andu @ Abu Bakar Adnan, K Thengaran, Ong Boon Keong, Goh Jin Kiat, Henry Hor @ Henry James Hor, Mohd Khairul Anuar Mohd Jamil and Goh Chien Yee.
Slapped with two charges
They were charged with illegal assembly and a second charge of failing to adhere police officer Superintendent Mohammad Shukor Sulong's order to disperse from the MBPJ field in Jalan Yong Shook Lin, Petaling Jaya.
They were accused of committing the offences during an anti-ISA and Bersih vigil at the MBPJ compound from 9pm to 10.10pm on Nov 9 last year.
They were charged under Section 27 of the Police Act (for both the offences) and face a possible fine of between RM2,000 and RM10,000 and/or a jail term of not more than one year for each charge.
Proceedings, which began at 9.30am, had to be postponed after some of the accused did not arrive.
Proceedings began after DPP Noorin Badaruddin along with lawyers Gobind Singh Deo, Sreekanth Pillai, Lim Lip Eng and Francis Pereira representing the accused met with Balqis in her chambers.
Seek legal representation
As proceedings started, Gobind told the court he was applying for a postponement .
He said although he was prepared to represent all the accused, he felt that a team of lawyers from the Selangor Bar should be formed to assist him in this case as it involves a large number of people.
"This would facilitate the accused to give specific instructions to their legal counsel as they may represent different interests and also facts.
"Furthermore, I understand that some of them have not appointed legal counsel," he added.
DPP Noorin told the court that while the prosecution was prepared for the hearing by calling 10 witnesses today, it noted the importance of providing the right of legal representation to some of the accused who have yet to appoint lawyers.
She said a postponement would help the prosecutor's task in handing over a copy of the evidence and documentation as required under Section 51A of the Criminal Procedure Code to their respective counsel.
"I would agree to a two week postponement for the accused and their counsel to work this out," she said.
Noorin also applied for a warrant of arrest to be issued to the three who failed to turn up in today's proceedings.
Judge Balqis then agreed to postpone today's hearing and also issued the warrants of arrest.
She also granted the prosecution's application that the next hearing date from Dec 8 till 10 be vacated as they will be tied up with other cases.
On Nov 9, it was reported that riot police dispersed about 300 people who had gathered in support of the abolishment of the ISA and also the one-year anniversary of Bersih.
The police moved into the crowd just as they were singing the national anthem and getting ready to leave.

