KOTA KINABALU, April 30 — A new twist has emerged in Sabah Bersih 2.0’s bid for its May Day rally, which could mean no legal prohibition for at least one of the 16 named respondents in the court order.
At court proceedings today to revise activist Daniel John Jambun’s ban from five spaces in the city centre tomorrow, it was discovered that the court order had expired as of April 27, rendering the order irrelevant.
Daniel’s lawyer Tengku Fuad Ahmad pointed this out during a hearing in front of magistrate Faiz Omar, where it was made known that the date the order was issued was April 20. The case was then later referred to High Court judge Steven Chung.
“Under Section 98 (5) of the Criminal Procedure Code, any court order obtained under under Section 98 (1) expires after 7 days. The police served the court order with no date to my client on April 29. If the order was made on April 20, then the order served on my client expired on April 27," Tengku Fuad said.
Chung then advised the applicant to withdraw the case as there was no application in that instance.
"There’s nothing for me to hear or rule,” the judge told Daniel and his counsel in court.
“My client has not served with any other order except that one. So unless he is served with another fresh order with new dates, there is nothing prohibiting him from holding a rally or ssembly tomorrow,” said Tengku Fuad when contacted by The Malay Mail Online.
Daniel, founder of the Borneo’s Plight in Malaysia Foundation (Bopim), is the second out of 16 named respondents in the court order obtained by the police that prohibits them and the public from assembling in five public spaces in the city.
“The dates in the court order served to the other respondents may differ. But some that I have seen have the same case number. As far as I am concerned, there is no restriction against Daniel tomorrow,” said Fuad.
Lawyers for Liberty and the Malaysian Human Rights Commission have both made statements claiming that the court order was unlawful.
Earlier today, Sabah Bersih 2.0 vice chairman Jannie Lasimbang said that the group will proceed with tomorrow’s May Day rally, but will stage the event outside the five prohibited areas listed in the court order obtained by state police.
In a statement here, she said participants will first gather from 3pm at the Bandaran Berjaya roundabout in the city before making their way towards Padang Merdeka.
“We expect the law enforcement authorities to be professional in carrying out their duties and facilitate this peaceful rally.
City police chief assistant commissioner M Chandra had also repeated his warning to the named respondents and warned the public against assembling in the named spots.
