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newspapers advised to reduce hindraf coverage

December 5th, 2007
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Ministry clamps down on Hindraf coverage
http://www.malaysiakini.com/news/75671
K Kabilan
Dec 5, 07 1:08pm
Newspapers have been ‘advised’ by the internal security ministry to play down news reports involving activities of the Hindu Rights Action Force (Hindraf).

Malaysiakini learnt that top editors of all dailies were told at a meeting not to highlight stories and photographs relating to the Hindraf rally on Nov 25 and on all other matters involving the coalition.

The 90-minute meeting was chaired by Publications Control and Al-Quran Texts Unit enforcement head Zailani Hashim. He could not be contacted today for confirmation as he is out of town on duty.

However editors contacted confirmed the gist of the meeting, which took place at the ministry in Putrajaya yesterday afternoon.

‘We were basically told not to give prominence to Hindraf,” said an editor with a vernacular publication, adding that Tamil-language dailies were specifically mentioned for their coverage of the rally.

At the same time, the editors were also told not to publish news that would put the police and the government in a bad light.

“The KDN officer told us that we can report news about Hindraf but we have to give them low coverage,” said another editor who was also at the meeting.

“And we were told not to play up photographs of police being violent at the Nov 25 rally by Hindraf. The message was for us not to blame the police for what happened at the rally.”

He said the ministry appeared worried that the reputation of the police force could be further eroded in the eyes of the public.

On Nov 25, about 30,000 Indian Malaysians brought the busy Jalan Ampang to a standstill for about six hours, as they attempted to march to the British High Commission to submit a petition claiming they have been marginalised since being brought to Malaya as indentured labourers.

The police used tear gas and water cannon to disperse the crowd. Earlier that day, a smaller crowd of about 3,000 was similarly dispersed at the Batu Caves temple. The crowd had gathered there in preparation for the rally in Jalan Ampang.

Some protesters have since been charged with illegal assembly, while 26 others were charged yesterday with the attempted murder of a police officer after allegedly assaulting him with bricks. All the newspapers gave prominent coverage to this today.

The government has condemned the rally as illegal and dismissed claims that the community is marginalised.

Editors were also told not to highlight another rally by the polls reform coalition Bersih, planned for Dec 11 at Parliament House, against a proposed constitutional amendment to extend the retirement age of the Election Commission’s office bearers from 65 to 66. 

A previous rally by Bersih last month was dispersed by the police using water cannon and tear gas, but some 40,000 people managed to break through the cordons to march to the national palace where a memorandum was submitted to an official.

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ghani pattail leads case against hindraf supporters

December 5th, 2007
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MalaysiaKini report is here. Below are reports from Star and NST.

Batu Caves illegal assembly case sees A-G laying charges

source

By WANI MUTHIAH

SHAH ALAM: Attorney-General Tan Sri Abdul Ghani Patail made a personal appearance at the Sessions Court here to lay charges against 26 people who allegedly took part in an illegal gathering at the Sri Subramaniar Temple in Batu Caves on Nov 25. 

One of the charges was participation in an illegal assembly which led to an attempted murder. The high-powered prosecution team comprised Abdul Ghani, A-G’s Chambers’ prosecution head Datuk Yusof Zainal Abiden and Selangor prosecution chief Nik Suhaimi Nik Sulaiman. 

The 26 were charged with being in an illegal assembly and using criminal force on policeman Dadi Abdul Rani with the intent of causing death, under Section 149 of the Penal Code that was punishable under Section 307 of the same code.  They were also charged with participating in an illegal assembly and causing damage to public property. Both are non-bailable charges. Ten of them claimed trial to a main charge under Section 27 (5) of the Police Act 1967 and an alternative charge under Section 143 of the Penal Code for taking part in an illegal assembly.  

A drama started at the outset of the proceedings when three volunteer lawyers from the Bar Council discharged themselves after one of them had a fallout with Hindu Rights Action Force (Hindraf) lawyer P. Uthayakumar. 

Later, Abdul Ghani said the accused were all charged under non-bailable charges and that Judge Azimah Omar had to hear all arguments before using her discretion to allow them bail. Azimah agreed and adjourned the case to today and ordered the accused to be held in police custody. She said she would not use her discretionary powers to release the accused on bail without hearing to the arguments of both sides. 

Prosecution and defence teams trade words during tense proceedings

source

SHAH ALAM: It was a dramatic start to the trial of 26 people alleged to be Hindu Rights Action Force (Hindraf) supporters in a packed and heavily-guarded Sessions Court here yesterday as a high-powered prosecution team crossed swords with a huge group of defence lawyers. The suspects, detained by police in Batu Caves on Nov 25, claimed trial to various charges including taking part in an illegal assembly and causing damage to public property during the tense proceedings tinged with racial overtones. 

  •  They were also charged with using criminal force on a policeman with intent to cause death. 

  •  Attorney-General Tan Sri Abdul Ghani Patail himself led the prosecution team. 

  • Seventeen lawyers appeared for the defence. 

  •  Three volunteer lawyers from the Bar Council for the defence discharged themselves after one of them, Rajpal Singh, disagreed with Hindraf lawyer P. Uthayakumar’s racial slant. 

  • Judge Azimah Omar told the defence lawyers not to be emotional.
    • 26 also charged with damaging seven vehicles

    source

    By : A. Hafiz Yatim and V. Shankar Ganesh

    SHAH ALAM: In the strongest move yet against supporters of the Hindu Rights Action Front (Hindraf), 26 of them were yesterday charged with attempted murder. 

    This comes a week after they were charged with illegal assembly and rioting at the Selayang court. All the accused, between the ages of 18 and 45, were picked up by the police from their homes in the Klang Valley and Perak, as early as 2am yesterday. They were brought to the Shah Alam Sessions Court yesterday at 3.20pm in two police lorries. Out of the 26, 10 were also charged with illegal assembly.

    Attorney-General Tan Sri Abdul Gani Patail led the prosecution. Also in the team was the head of prosecution in the A-G's Chambers, Datuk Yusof Zainal Abiden. All 26 were jointly charged with using criminal force against a policeman, Dedi Abd Rani. They were also charged with causing disturbances by damaging seven vehicles — two Proton Wiras, Proton Waja, Kia Pregio, Perodua Rusa, Toyota Hiace and Rover Defender. Both offences took place in front of the Sri Subramaniam temple at Jalan Besar, Batu Caves, between 1am and 8am on Nov 25, 2007. The 26 were said to be part of an illegal assembly which was waiting to join up with other Hindraf supporters at a rally later in the day at Jalan Ampang.

    For the charge of attempted murder, the accused face a maximum 20 years' jail with fine, while for charge of causing mischief, they face a jail sentence not more than five years and a fine if convicted. All claimed trial to the charges.

    They were represented by a team of 17 lawyers led by G.K. Ganesan and M. Manoharan from the Bar Council. Manoharan also informed the court that none of the 26 accused was given food or drink when the police picked them up from their homes. There was also a shouting match during proceedings when Manoharan submitted the attendance of Abdul Gani may intimidate Sessions Court judge Azimah Omar who was hearing the case. Abdul Gani said the defence should not make this an issue and also not insinuate that race was an issue. Azimah assured Manoharan she was undaunted by Abdul Gani's presence and that she was only interested in seeing that justice was done. Abdul Gani objected to bail as the offence for attempted murder and causing mischief were non-bailable. Ganesan said the defence was not prepared to submit on the issue of bail and asked that the matter be heard today.  Manoharan pointed out that there were irregularities to the charges framed by the prosecution, but was unprepared to submit on the matter and asked for a postponement. Azimah allowed the matter to be heard today while the accused remain under detention.

    Before proceedings ended, there was a tiff among the defence lawyers when P. Uthayakumar (legal adviser to Hindraf) told the court that the charges were malicious and that the Indian community was being persecuted while no such treatment was dished out to supporters of the coalition for clean and fair elections, known as Bersih. Supporters of Bersih held a rally on Nov 10 before presenting a memorandum to the Yang di-Pertuan Agong.

    At this juncture, lawyer Jaspal Singh, stood up and told the court that he did not agree with Uthayakumar's argument and he was discharging himself from this case. He alleged that Uthayakumar was causing more problems for all 26 accused. Jaspal left the court room followed by counsel Suraj Singh and Jaya Murugan. Outside court, a Light Strike Force team was on standby as there was a large crowd of family members and friends who were denied entry. No untoward incidents were reported.

    Bickering over language

    source

    SHAH ALAM : Attorney-General Tan Sri Abdul Gani Patail yesterday chided the 17 defence lawyers, charging that they were causing more problems for their clients by bringing up trivial issues.

    Defence lead counsel M. Manoharan had earlier told the Sessions Court that Gani's presence was to intimidate judge Azimah Omar. Manoharan then made an issue of Abdul Gani's submission in English, arguing that as a government servant Abdul Gani should have used Bahasa Malaysia. Azimah waved away the objections .

     
    At this juncture, one of the accused, M.K. Suman, 20, told the court that he had already been charged with illegal assembly — at the Selayang Sessions Court last week. Abdul Gani checked on it and apologised to the court for the mistake, but counsel P. Uthayakumar would not let him off the hook until he apologised to the accused. Azimah told him not to make an issue of it.

    Abdul Gani then accused the defence of turning the proceedings into a racial issue. Then, during the bail application, counsel G.K. Ganesan said he was not prepared with submissions in Bahasa Malaysia as his submissions were in English. An exasperated Abdul Gani stood up and pointed out that earlier, the defence had wanted him to submit in Bahasa Malaysia and now Ganesan wanted to submit in English.

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    Attempted murder charge for Hindraf protestors

    December 4th, 2007
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    This is like giving more "bullets" for Hindraf to gain support/sympathy.

     

    This is quite funny – "They threw bricks at his head. Do you think it will not cause death?" .

    Possibly the visitors to the temple were wearing night vision goggles and infrared telescopes to pinpointly aim at the someone's head. Is it more likely the head came in the way of the brick?

    Of course, the head being on top of a body will be hit by any object thrown hit into the air – imagine spitting into the air or watching a quarterback hurl the ball in american football. The gates are quite tall, so undoubtedly a brick can't come at a lower projectile angle.

    Maybe the accused can be given royal pardon and absorbed into rugby teams.

    Btw, I'm curious if the same charges be leveled at FRU officers who shot tear gas canisters into the crowd causing injuries? Maybe a case can be made saying the shots should be fired at a "safe" area near to the crowd, instead of firing at the crowd itself.

    I'm getting more and more confused…….

    Attempted murder charge for Hindraf protestors
    http://www.malaysiakini.com/news/75637

    Beh Lih Yi
    Dec 4, 07 3:07pm

    Twenty-six Hindu Rights Action Force (Hindraf) supporters were charged with attempted murder and causing damage to public property during the mass rally in Kuala Lumpur on Nov 25.

    Contacted by Malaysiakini, their lawyers said the men were charged before judge Azimah Omar at the Shah Alam Sessions Court this afternoon.

    Attorney-General Abdul Gani Patail said the alleged victim was a policeman who received stitches to his head after protesters threw iron pipes and bricks, and that if convicted, the accused faced up to 20 years in jail.

    "They threw bricks at his head. Do you think it will not cause death?" he told AFP.

    Out of the 26, 15 were earlier  charged at the Selayang Sessions Court last week for allegedly taking part in an illegal gathering under Section 27 of the Police Act and Section 141 of the Penal Code. They were subsequently released on bail. 

    Today, they were slapped with additional charges under Section 307 of the Penal Code for alleged attempted murder and causing mischief while taking part in an unlawful assembly or riot under Section 440 of the same code.

    The remaining 11, who were in the dock for the first time, faced all four charges like the rest.

    “The protesters were alleged to have caused damages to some of the properties at the Batu Caves temple, including the front gates and cars,” said lawyer Rajpal Singh from the legal team representing the accused.

    In the early hours of the banned Nov 25 Hindraf rally, a crowd of 3,000 – mostly from neighbouring states – had gathered inside the Batu Caves compound to spend the night. 

    Police used tear gas and water cannon to disperse the crowd and 69 people were arrested although 43 were let off with a warning.

    ‘Victimisation continues’

    According to Rajpal, who is also the Selangor Bar’s legal aid centre chairperson, attorney-general Abdul Gani who personally appeared for the prosecution objected to granting bail to the accused.

    The court has yet to make a decision on this as the case was adjourned to tomorrow morning to allow Abdul Gani to make the submission, said another defence lawyer M Manoharan.

    “The group will be remanded until tomorrow morning,” he added.

    Manoharan – who is also a key leader in Hindraf – said the latest development showed that the alleged “victimisation and prosecution against Malaysian Indians has started again”.

    Under Section 307 of the Penal Code, the accused, upon conviction, are liable to a maximum of 20 years jail if hurt is caused. While under Section 440, they could face up to five years’ jail and a fine.

    They are also liable to a jail sentence of up to a year and maximum RM10,000 fine for the illegal gathering charge.

    About 30,000 people took to the streets of Kuala Lumpur on Nov 25 to protest against the marginalisation of Indian Malaysians.

    Many of those who were dispersed in Batu Caves earlier that morning marched all the way to town to join the rally.

    The police, which had denied a permit for the rally, used tear gas and water cannons to disperse the crowd.

    In an immediate reaction, Opposition Leader Lim Kit Siang said the attempted murder charge was "shocking" and a surprise.

    "All efforts should be channelled at de-escalating the atmosphere. But the reverse seems to be happening," he said, referring to the turmoil that has worsened Malaysia's already tense race relations.

    N Ravi, a member of the defence legal team, said the accused, aged between 19 and 46, would fight the allegations and other charges levelled against them including rioting, illegal assembly and causing damage to public property.

    "We can raise reasonable doubt against the charges," he said, adding that the 26 were being detained in Pudu jail in downtown Kuala Lumpur.

    Bersih group fails to turn up

    In an unrelated development, 10 protestors at the Nov 10 rally organised by polls reform group Bersih who were expected to be charged today did not show up in court.

    According to their lawyer Zulqarnain Lukman, the 10 were told earlier to report back to the police station on Dec 10 and this was stated in their bail.

    However, a police officer called them on Sunday and told them to come to the police station today as they could be charged for illegal gathering at the Kuala Lumpur Magistrate’s Court.

    “The group decided not to go since they were informally informed and they will stick to Dec 10 to report to the police station,” said Zulqarnain.

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    gcc handover complaint to suhakam

    November 30th, 2007
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    Police slammed for 'racial stance'
    http://www.malaysiakini.com/news/75519
    Andrew Ong
    Nov 30, 07 4:49pm

    The Human Rights Commission of Malaysia (Suhakam) should come out to condemn acts of racial profiling by the government and the authorities, said a lobby group. 

    The Group of Concerned Citizens (GCC), lodging a complaint about an incident in Batu Caves, Selayang, last Sunday, said these acts occurred when:

    • Almost 100 people were charged in court in connection with the Hindu Rights Action Force (Hindraf) rally in Kuala Lumpur; and 

    • Minister in the Prime Minister’s Department Nazri Abdul Aziz referred to rally participants as penyangak (crooks). 

    GCC representative M Manohar told Suhakam commissioner Prof Khoo Kay Kim today that the police had been selective in their actions, by remanding and charging Hindraf supporters but not those who attended the Bersih rally two weeks before.

    Manohar said he believed this was racially motivated because the Bersih rally participants were mostly Malays, while the those at the Hindraf protest were mainly Indians.

    “Suhakam must find out why no one was remanded or charged over the Bersih rally… we believe there is some racial element involved,” he said.

    More than 40,000 people took part in the Bersih (Coalition for Free and Fair Elections) rally on Nov 10. About 200 people were arrested but have not been charged to date.

    During the Hindraf rally in Kuala Lumpur, almost 400 people were arrested and 88 were charged for various offences on Wednesday. 

    On Nazri’s penyangak remark, another GCC representative Charles Santiago told Khoo that such acts were unacceptable and unbecoming of a minister.

    “Such sinister attempts at racial profiling of a disadvantaged minority community as ‘violent people’ speaks volumes of the failure of race-based politics in Malaysia,” he said.

    He also urged Suhakam to issue a written condemnation of Nazri’s remark.

    Photo evidence

    GCC’s complaint letter was officially handed over to Khoo by several of those who said they were affected in the Batu Caves incident.

    Their allegations encompassed alleged use of excessive force by the police to disperse the crowd that had gathered there on Sunday morning, several hours ahead of the Hindraf rally in the city centre.

    Santiago used a series of photographs to show Khoo how the Federal Reserve Unit (FRU) had fired tear gas and used water cannon against those caught within the temple compound.

    One photograph depicted several FRU members inside the compound – the site of one of the holiest Hindu shrines in Malaysia.

    Santiago said the FRU had entered the compound and assaulted people, including those who were there to perform prayers in conjunction with the holy festival of Karthikai.

    One victim, K Ramesh, said he and his family members had just finished performing their prayers, when the FRU struck.

    “They came in and arrested me and my brother. One of them pushed my mother and she fell,” he claimed, adding that he was forced to surrender his identity card and it was not given back.

    Another eyewitness, G Ashok Kumar ( photo), 47, told Khoo that he was with another group in Batu Caves intending to proceed to KLCC for the rally.

    He said the police locked the main entrance to the compound at about 4.30am, forcing many in the crowd to sit near the gate.

    Ashok said several of them were arrested as they tried to leave the compound, and that some angry people then hurled projectiles at the police.

    “After that, they just kept on pumping tear gas inside… (the police said) there was no body contact. That was absolutely rubbish. There was lots of body contact (when people tried to flee),” he said.

    Inspector-General of Police Musa Hassan has steadfastly maintained that there was “no body contact” between the police and the crowd.

    Approached for comments later, Khoo (photo) skirted a question on whether he felt there were human rights violations during the Batu Caves incident.

    “From what that has been conveyed, there appears to be a question to be addressed with regard to the interpretation of the law,” said Khoo.

    The upcoming commission meeting on Dec 10 will decide the next course of action based on complaints in hand.

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    PKR says got body contact

    November 30th, 2007
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    PKR rebuts IGP's 'no body contact' claim
    http://www.malaysiakini.com/news/75481
    Andrew Ong
    Nov 29, 07 6:42pm
    PKR today said it has evidence to disprove Inspector-General of Police Musa Hassan''s claim that the police made 'no body contact' in relation to the mass rally on Nov 25.

    Contrary to the police chief's assertion that his personnel exercised restraint, PKR supreme council member S Manikavasagam said the heaviest police action took place in Batu Caves on the night before.

    "About 100 people were hurt when they were assaulted by the FRU (riot police) and police during a gathering at Batu Caves. One of them is warded in the Intensive Care Unit," he told a press conference in Kuala Lumpur.

    According to Manikavasagam, a crowd of 3,000 – mostly from neighbouring states – had gathered inside the Batu Caves compound to spend the night before the rally.

    He said at about 3am, the police allegedly fired tear gas and water cannons over and through the gates of the compound on the crowd which had nowhere to run.

    Previously, Musa denied the use of tear gas and water cannons in the Batu Caves compound, which is Malaysia's most popular Hindu shrine.

    Video evidence

    Manikavasagam claimed that he has video and anecdotal evidence to back his claim and that this would be presented to the Human Rights Commission of Malaysia (Suhakam) tomorrow.

    Apart from this, the PKR leader added that he has evidence of excessive force being applied by the police during the rally on Sunday morning.

    In one example, Manikavasagam showed reporters pictures of B Arumugam, 27, who was heavily bandaged on the nose.

    Arumugam, from Seremban, was among the thousands who had gathered at the crack of dawn near the iconic KLCC Twin Towers.

    Manikavasagam claimed that Arumugam was hit by a tear gas cannister while seated in a crowd and sustained injuries that required 27 stitches and further surgery.

    "The best part is, the police took him away, gave him RM20 and told him to take a taxi to the hospital… They don't want the public to see what had happened to him," he alleged.

    Temple called the cops

    When contacted, Batu Caves temple committee secretary M Devarajoo confirmed that it was the temple committee who called the police.

    "There were a lot of people outside the temple (around midnight). We could not control the crowd, so we called the police," he said.

    Devarajoo claimed that the police arrived at the scene after 1am to disperse the crowd.

    "We opened the back door to allow people to leave," he said, denying that the police had entered the Batu Caves compound.

    He also denied news reports that the damage in the compound added up to RM10,000 and that a bus was torched in the incident.

    "There were minor damages to the gate and a fridge. There was no major damage," he said.

    The rally was organised by the Hindu Rights Action Force (Hindraf)to support a lawsuit by Hindraf against Britain for bringing Indians to Malaysia as indentured labourers and exploiting them for 150 years.

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