Bersih mulls challenging PAA ruling
Electoral watchdog Bersih 2.0 is weighing whether to appeal today's High Court decision declaring the controversial Peaceful Assembly Act 2012 (PAA) as constitutional.
Describing the decision as "positive" for Bersih and its rally, Bersih 2.0 chief Maria Chin Abdullah said the whole court action by the government was, nevertheless, a waste of public funds.
Electoral watchdog Bersih 2.0 is weighing whether to appeal today's High Court decision declaring the controversial Peaceful Assembly Act 2012 (PAA) as constitutional.
Describing the decision as "positive" for Bersih and its rally, Bersih 2.0 chief Maria Chin Abdullah said the whole court action by the government was, nevertheless, a waste of public funds.
“It is a waste of public funds, time and effort.
“In the first place, freedom of assembly is already guaranteed under the Federal Constitution so pursuing the case against us is not necessary.
“If law and order was managed properly on that day itself, we wouldn't have landed in this position today. Bersih is still weighing on whether to appeal the constitutionality of the PAA and the press will be informed when we decide on it,” she said.
Maria hoped the government and the police would learn from this episode that the people have the right to hold peaceful demonstrations on the streets, and she added that Bersih would continue to push for clean and fair elections.
Former Bersih co-chairperson and national laureate A Samad Said praised God for today's decision.
Samad, a national laureate who is widely known as Pak Samad, was not named by the government in its suit but he ne his own accord filed an application to be named as one of the defendants in this case.
Ex-leader sees vindication for Bersih
Former Bersih co-chairperson, Ambiga Sreenevasan described the court decision as a vindication for Bersih and for the people’s right to assemble.
“It is a very positive day for Malaysia and I hope the government does not appeal.
“I think the judge also made some significant comments about the conduct of the police,” Ambiga said.
The judge, she added, made it clear that whatever it was, the government had to prove its case against the particular individual.
“Let me make one thing clear: Bersih never supported violence. We have always said that one who commits an act of violence must face the full force of the law,” the former Bar Council chairperson said.
“But you have to go after the right people,” Ambiga said of the actions of the police and the government's actions.
Justice John Louis O'Hara in dismissing the claims of the government and police said the act occurred after Ambiga had already called off the rally, ending it.
Wong: A case for all Malaysians
Former Bersih 2.0 steering committee member Wong Chin Huat, who was awarded a total of RM21,000 in damages for unlawful arrest, detention and assault by the police, said the decision is very meaningful to all participants of peaceful assemblies.
"The police made their a modus operandi that day, by not wearing their name tags and numbers (so that they cannot be identified).
"However, this goes to show that even when I was assaulted by the police, the force is not spared from being held responsible. The police cannot act above the law," Wong said.
Explaining his arrest that day, Wong, who is a political analyst, said he was arrested but the police did not tell him under which law his arrest and detention wereb being made.
He said his claim for the injuries suffered was not about money he needed, for he intended to donate the RM21,000 awarded to him to a freedom fund set up by Bersih vice-chairperson Thomas Fan.
"The fund is to support any Malaysian penalised for exercising his or her constitutional right under the Federal Constitution.
"This is not a case involving the 15 of us, but a case for all Malaysians," Wong enthused.
He was represented by lawyer Ang Hean Leng while the others were represented by a team that included senior lawyer Tommy Thomas and Syahredzan Johan.
Senior federal counsel Kamal Azira Hassan represented the police and government.

