Appeals court dismisses govt appeal over damages to public property in Bersih 3 rally

PUTRAJAYA: The Court of Appeal has dismissed the government's appeal in a civil suit it filed against the Bersih steering committee over damages to public property incurred in the Bersih 3 rally in 2012.
In a unanimous decision, a three-man bench chaired by Justice Datuk Rohana Yusuf upheld the High Court decision on Jan 30, last year, which had rejected the government's suit for claim of damages.
She said the court did not find any provision in the Peaceful Assembly Act (PAA) that clearly stipulated the government's right to claim.
She said Section 6(2) of the PAA did not create "a right of civil claim by the government" and that the federal government was similarly not given the right to sue for negligence under another law.
"We also find Section 3 of the Government Proceedings Act, read together with Section 39 of the same Act, does not entitle the government to sue for negligence or claim for damages under common law," added Rohana.
The government sued the Bersih 2.0 steering committee, including former Bersih co-chairman Datuk S. Ambiga and 14 other fellow committee members.
Justices Datuk Varghese George Varughese and Datuk Mary Lim Thiam Suan were the other judges presiding on the panel.
In its civil suit filed on May 15, 2012, the government claimed the Bersih 3.0 rally on April 28, 2012 had caused damage to public property and sought special compensation of RM110,543.27, as costs to repair damaged police vehicles.
It also sought a declaration that the respondents, as organisers of the rally had violated Section 6 (2)(g) of the Peaceful Assembly Act to ensure the gathering would not cause damage to public property.
Yesterday, the Court of Appeal panel allowed the government's appeal, partly in respect to the counter-claim brought by former steering commitee member Wong Ching Huat.
It reduced the amount of damages from RM21,000 to RM15,000 awarded by the High Court to Wong.
It (the Court of Appeal) allowed damages for pain and suffering but set aside the High Court decision to award RM6,000 to Wong for unlawful arrest and detention.
Outside the court, Ambiga said the Court of Appeal held that under the Peaceful Assembly Act, the government could not sue for the damages, adding that the decision was a landmark decision. — Bernama