KUALA LUMPUR, Feb 5 ― The federal government filed an appeal today against a court ruling that threw out its bid to claim over RM110,000 from electoral reform group Bersih 2.0 in compensation for damaged property during a historic rally for electoral reforms in 2012.

In the notice of appeal sighted by Malay Mail Online, the Attorney-General's Chambers (AGC) said the appeal was filed as the government was dissatisfied with the High Court's refusal to declare Bersih 2.0 as rally organisers that violated Section 6(2)(g) of the Peaceful Assembly Act 2012.

Two other portions of the High Court ruling that is being appealed are the rejection of the government's claim for RM110,543.27 in damages and the court order for Putrajaya to pay RM51,000 to activist Wong Chin Huat over the alleged mistreatment by the police.

The AGC, who is representing the government, listed the breakdown of the RM51,000 figure as RM5,000 for assault, RM6,000 for “breach of constitutional right, unlawful arrest and detention”, RM10,000 for aggravated damages and RM30,000 in legal costs.

On January 30, High Court judge Datuk John Louis O’ Hara dismissed the government’s claim for RM110,543.27 in property damages from Bersih 2.0's then steering committee as the “acts and omissions of the cops invariably contributed and resulted in the damage.”

O' Hara ruled that Bersih 2.0 was not liable for the property damage, pointing out that the damages only happened after the group's then-chairman Datuk Ambiga Sreenevasan had asked rally participants to disperse.

The judge also ruled that it was not proven if the damages were done by actual rally participants or by independent agents, also saying that the government should have gone directly against the actual individuals who caused the damage.

In his ruling in the first court case in the country's history brought under Section 6(2)(g), the judge rejected Ambiga's counter claim that the PAA provision was unconstitutional as she did not manage to show how the organisers' rights were affected.

Section 6(2)(g) states that organisers are responsible to ensure that “the assembly will not endanger health or cause damage to property or the environment”.

On May 23, 2012, the government sued Bersih 2.0 under Section 6(2)(g) of the Peaceful Assembly Act (PAA) 2012, claiming compensation for alleged damages to property — including 15 police vehicles — during the rally.

The government had sought for special damages of RM110,543.27 from the then Bersih 2.0’s co-chairs Ambiga and A. Samad Said and 13 other committee members.

A total of 52 witnesses were called for this case, with 33 testifying for the government and 19 testifying for Bersih 2.0.