The Rm1000 fine each for the 27 accused who pleaded guilty to unlawful assembly during HINDRAF rally has taken a new twist. Waytha claims that the trial of the balance 27 people which will run for two months continuously is an injustice and will cause the accused to lose their jobs:

The movement’s leader in exile P Waytha Moorthy told a press conference in Sentul, Kuala Lumpur via video conferencing, that the 27 individuals would lose their jobs during the two-month hearing.

“This is a great injustice to them. They are bound to lose their jobs, face severe financial crisis and their families would suffer,” said Waytha Moorthy who is in self-imposed exile in England.

The 27 are mostly odd-job workers and labourers who were among 54 individuals jointly charged for participating in an illegal assembly on Nov 11 last year in Kuala Lumpur.

He says that those who pleaded guilty did so out of fear since a prolonged trial period will affect them financially.

Naturally, the lawyer for the accused was incensed after Waytha’s comments. N Sivananthan denied the accusations and condemned Waytha:

In a statement today, their lawyer N Sivananthan denied the allegation and called on all quarters to stop politicising the issue.

He also took a swipe at the London-based Waythamoorthy, saying that he found the latter’s remarks “offensive and ignorant.”

Sivananthan said that the unjust treatment allegation was being equated to the fact that the court had given priority and its time to the trial of the said matter.

“I would like to categorically deny this (the unjust treatment allegation). The offence on which the guilty plea was taken carries a maximum two years’ imprisonment or fine (any amount) or a combination of both.

“Not only did the court only impose a RM1,000 fine, a time period of two months was also allowed for payment of the same with a proviso to extend the period to six months on a case-by-case basis,” he said.

“As a lawyer, I can confidently say that my clients have been treated justly and I find the comments made by Wathyamoorthy (left) from his refuge in London not only offensive but also ignorant.

“The admission of guilt was on the basis that my clients accepted the fact that laws need to be followed and that a failure to disperse when told to do so amounts to a breach of that law,” he added.

Meanwhile, Surendran, the lawyer for Hindraf 5 also chipped in, supporting Waytha:

Hindraf legal advisor N Surendran said that initially, the trial was supposed to last two weeks but was somehow extended to two full months.

Surendran said he has spoken to some of those who had pleaded guilty and claimed that many of them took the plea to avoid being absent from work and be subsequently axed.

“You can see here the enormity of the injustice. We have 27 people who have been forced to plead guilty because of a miscarriage of justice,” he said.

Surendran also urged the attorney-general and the government to drop charges against 27 individuals who he said were exercising their democratic right to assemble peacefully.

This was also rebutted by Sivananthan:

…Sivananthan noted that the comments made by Surendran are rather suspect since none of his clients had indicated that they were being “forced” to plead guilty.

“I don’t think he quite understands the concept of miscarriage of justice. The difference here is that my legal team and I are acting only as lawyers and not politicians whilst the individuals who are making these allegations are trying to dramatise this issue for reasons best known to them.
“I would therefore be grateful if the plea of guilt is not politicised by all parties concerned.”

So, which is which? As a lawyer, would you advise your client to plead guilty to avoid more problems and possible stiffer sentences? As a client, would you expect your lawyer to offer the best advice and as many options as possible to you?

Obviously its strange that this case was given much time and fast-tracked, but it can be taken either way – as a concern for the issue or to pressure the accused.

On the other hand, a sum of RM1000, which can be paid in installments is a good deal for the accused. So, on the smaller, individual scale, the accused can leave all this mess behind and move on in life. On a larger scale, the admission of guilt can be used to further condemn Hindraf, denounce the rally, and to try sway the community back to its original position.