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Subscribe in a reader | Subscribe to poobalan.com by Email MalaysiaKini report is here. Below are reports from Star and NST.
Batu Caves illegal assembly case sees A-G laying charges
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
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.
26 also charged with damaging seven vehicles
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
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.
The remaining 11, who were in the dock for the first time, faced all four charges like the rest. 
The groups said the suspension indicated that Minnal FM viewed as an offence, the involvement of its staff in their personal capacity in public assemblies. 
The daily also named the remaining six presenters: K Sillalee (left), V Jamuna (right), Mahendran Veluplay, Kavirajan Jagarajan, Vijayan Muruti and Dhayalan Sharmugan. 
He said the task force should be headed by Prime Minister Abdullah Ahmad Badawi and should focus on: 
“Abdullah said he has ‘big ears’ and is prepared to hear the truth. It is shocking that nobody in the MIC leadership… is prepared and has the courage to tell the prime minister the truth. 
