KUALA LUMPUR, Aug 20 ― Putrajaya is responsible for the violence that erupted at an electoral reform rally organised by Bersih 2.0 in April 2012 as it failed its duty to ensure public order and safety, Datuk A Samad Said told the High Court here today.
Samad, a former national laureate and the poll watchdog’s co-chair at the time, dismissed claims that Bersih 2.0 should be blamed for the ensuing chaos, saying the police had the obligation and the capacity to ensure the rally proceeded smoothly, but failed to do so.
“It should have been the police that ensured the rally went smoothly, not the Unit Amal,” he told the trial of the government’s civil suit against the group.
Unit Amal refers to a voluntary corp linked to the opposition party PAS, which was tasked to manage security at the mammoth rally held at the historic Dataran Merdeka square here.
“Whatever problems that arose during the rally should have been dealt with by the police,” he added.
Samad, popularly known as Pak Samad, is among the respondents named by the government in its civil suit filed against the polls watchdog.
Putrajaya is claiming compensation for general damages with interest, as well as a declaration that Bersih 2.0 breached Section 6(2)(g) of the Peaceful Assembly Act 2012, which states that organisers must “ensure that the assembly will not endanger health or cause damage to property or the environment.”
The plaintiff is arguing that Bersih 2.0 had failed to keep its pledge for a smooth rally and should be held accountable for the violence that resulted in the injury of several police officers and destruction of public properties.
During Samad's cross examination, lead counsel for the government Azizan Md Arshad suggested that Bersih 2.0 should also bear some responsibility for the scuffles the broke out during the protest.
He also noted that Bersih leaders had pledged in their notice to the police that the rally would proceed without trouble, which did not happen.
While Samad insisted that the authorities should shoulder most of the blame, he admitted that polls watchdog was partially responsible.
"Yes, I agree to that," he said in reply to Azizan.
Chaos reigned on the streets of Kuala Lumpur for over four hours after 3pm on April 28 when police fired tear gas and water cannons and chased protesters down the streets of the capital to disperse what had initially started out as a peaceful protest calling for free and fair elections.
The violence has resulted in finger-pointing by all parties involved, even as police investigations are being carried out.
Protestors claimed the violence was ignited by police provocation while the government alleged there were elements in Bersih that tried to hijack the rally to overthrow the government through violence.
The hearing continues tomorrow.
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