The government has no right to claim under the Peaceful Assembly Act 2012 (PAA) for damages allegedly incurred during Bersih rally held in 2012.
The Court of Appeal today upheld the decision made by Kuala Lumpur High Court last year January.
The three member bench dismissed the appeal filed by the government against Bersih steering committee members, including its then chairperson Ambiga Sreenevasan.
In an unanimous decision, Justice Rohana Yusof in passing her remarks said the PAA cannot be applied to institute a claim.
Justice Rohana presided with Justice Varghese George Varughese and Justice Mary Lim.
In last year High Court’s decision, Justice John Louis O’Hara said he found that the government’s claim could not be proved based on the evidence adduced during the full trial.
He pointed out that the damage which had occurred, only happened after the first defendant had called off the rally.
He even added that the court was not satisfied to prove the damage which occurred was actually caused by the legitimate participants of the rally or any other independent agents.
The government in the civil suit claimed that the rally resulted in damage to public property.