Bersih’s legal battle to educate voters
S Ambiga says challenging the constitutionality of the Peaceful Assembly Act is also part of voter education.
(FMT) – Bersih said that it is challenging the government’s suit against the electoral watchdog as well as contesting the “constitutionality” of the Peaceful Assembly Act.
“It’s legally an interesting case as it is the first time (the Peaceful Assembly Act) is being used and being challenged for its constitutionality. We are prepared for trial as we are pretty confident and ready to face the music,” said the coalition’s co-chairperson S Ambiga.
The former Bar Council president added that it was good for the public to follow the case and be informed of the happenings as, the case proceedings, were “also part of voter education”.
On May 23, it was reported that the government was suing Ambiga and nine other Bersih steering committee members for damages suffered during the April 28 rally.
The government is seeking general and special damages amounting to RM122,000 and also a declaration that Bersih violated the Peaceful Assembly Act.
Ambiga filed her counter-claim last Friday demanding for the Peaceful Assembly Act 2012 to be declared unconstitutional, with regard to Section 6 which holds organisers responsible.
In addition, Ambiga is asking for a declaration that the whole Act is unconstitutional. She is also seeking general and aggravated damages and costs.
It is also learnt that five other steering committee members – Maria Chin Abdullah, Zaid Kamaruddin, R Arumugam, Arul Prakash and Andrew Khoo have also filed their counter-claims.
In Chin and Zaid’s statement of defence and counter-suit, they made the same demands as Ambiga while seeking similar compensation.
There is also a possibility of more steering members following suit.
As for the government’s suit against Bersih, which was scheduled for case management today, has been postponed to July 18 to allow the plaintiff (the government) to file their arguments against the counter-claim and the other defendants to file their counter-claims.
Kuala Lumpur High Court judge Justice Prasad Sandosham Abraham presided over the matter and the government was represented by senior federal counsel Azizan Md Arshad.
Bersih was represented by three main lawyers, Tommy Thomas, Edmund Bon and Gopal Sreenivasan.
