Saturday August 11, 2012
Govt objects to intervenor applications by six in Bersih suit
KUALA LUMPUR: The High Court here set Sept 18 for the hearing of six individuals who applied to be included as intervenors in a suit by the Government against Datuk S. Ambiga and eight others for damage to public property during the Bersih 3.0 rally.
Senior Federal Counsel Azizan Md Arshad said he would raise a preliminary objection under Order 15 (6) of the rules of High Court 1980, which states that an applicant has to prove legal interest in a suit to qualify as an intervenor.
“We will argue on the facts that they put in the affidavit,” Azizan told the court yesterday.
Lim Tuck Sun said his clients Yeo Yang Poh, Ahmad Shukri Che Razab and Hishamuddin Rais intended to have their names added to the suit on grounds that they were also involved in organising the April 28 rally.
Sheila Ligan represented the other three applicants, including Bersih 2.0 co-chairman Datuk A. Samad Said, Liaw Kok Fah and P. Subramaniam, who cited the same grounds.
High Court judge Datuk John Louis O’Hara set Aug 28 for the exchange of written submissions in the matter of intervenors and Sept 18 for the hearing proper.
The Government is seeking a declaration that Ambiga and eight others were in violation of the Peaceful Assembly Act 2012.
It is seeking RM122,000 in damages for losses suffered during the rally.
The other defendants named in the suit are Ambiga’s fellow Bersih 2.0 steering committee members Maria Chin Abdullah, Zaid Kamarudin, K. Arumugam, S. Arul Prakkash, Dr Wong Chin Huat, Dr Ahmad Farouk Musa, Datuk Dr Toh Kin Woon and Andrew Khoo.
In the suit filed on May 15, the Government claimed the rally resulted in damage to public property, including police vehicles.
In her counter-claim filed on June 8, Ambiga said she was entitled to damages for grave violation of her fundamental liberties and/or by reason of the abuse of power by the Government and its agencies.
SFC Azizan also confirmed the Government has withdrawn lawyer Haris Fathillah Mohamed’s name as the fourth defendant in the suit.
Harris had earlier applied to strike out his name, claiming that he was no longer a member of the Bersih steering committee when the civil action was filed.