Posts Tagged ‘Protest’

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Forced to plead guilty or not?

September 22nd, 2008
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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.

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RM27000 fine for Hindraf Rally

September 18th, 2008
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Indians “contribute” RM27,000 to government by pleading guilty to offense committed during the HINDRAF rally on November 25. From Malaysiakini:

A total of 27 men who failed to disperse after being ordered by the police to do so during the Nov 25 gathering organised by the Hindu Rights Action Force (Hindraf) were fined RM1,000 each by the Kuala Lumpur Sessions Court.
The men were fined after pleading guilty to the offence.

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Trial of Hindraf 66 postponed to next year

September 15th, 2008
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The trial of 66 people arrested during HINDRAF rally has been postponed to next year!

The trial of the 66 Hindu Rights Action Force (Hindraf) supporters charged for illegal assembly and causing mischief was postponed to next year by the Sessions Court here on Monday.Judge M. Gunalan fixed March 24 to 27, May 11 to 15 and July 6 to 10 as trial dates.

Padang Serai MP N. Gobalakrishnan was among the 66 accused, aged between 20 and 56.Five out of the 66 men failed to turn up in court on Monday, and this prompted Gunalan to warn that warrants of arrest would be issued if they failed to attend their hearing next year.He also ordered the five men to give the court valid reasons for their absence.The five were E. Segaran, S. Gunaseelan, J. Prakash, S. Ravi and R. Vijayndran.

Businessman K.P Samy, who had posted bail for all the accused, was asked to explain why the five were absent.Samy, who posted bail by pledging the title of his land worth RM410, 000 to the court, said he was not able to contact some of those who were not present.

Defence counsels G. Naidu and G.K Ganesan also appealed for Gobalakrishnan’s passport, being held by the court, to be handed back to him.Ganesan said many things had changed since the arrests last year and Gobalakrishnan was now an elected representative and needed his passport.

Deputy Public Prosecutor Ahmad Kamal Arifin Ismail objected to the request and suggested that Gobalakrishnan apply to obtain the passport temporarily whenever he wanted to leave the country.However, Gunalan, who said that this arrangement would be too inconvenient, ordered for Gobalakrishnan’s passport to be returned to him for the duration of his tenure as an elected representative.

Initially 69 people, including five students, were charged for participation in an illegal assembly at Batu Caves on Nov 25 and for causing mischief by damaging seven vehicles at the Sri Subramaniam Temple premises there between 1am and 8am on the same day.The prosecution withdrew the charge of causing mischief against the students but maintained the charge of participating in an illegal assembly against two of them.The other 64 people face both charges.

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Orang Asli wants justice

September 15th, 2008
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Their plans for a march to the palace was cancelled following advice from the police, but the Orang Asli group have some serious grouses that needs attention.

The march organised by Jaringan Orang Asal SeMalaysia (Indigenous Peoples Network of Malaysia) to the palace this morning was called off following ‘advice’ from the police.

The group of more than 100 was unable to start their march from the Central Market Annexe at 10.15am when the police stopped them.

Suaram’s S Arutchelvan and Orang Asli activist Colin Nicholas had an argument with the police team led by ASP Sydney Clyde Jeremiah of the Dang Wangi police district.

The organisers claimed they had permission from the police for today’s event two weeks ago and were unhappy that they were prevented from carrying it out this morning.

However, ASP Sydney advised them to disperse failing which the police would have no choice but to arrest those taking part in the march.

The organisers then decided to call it off and held a press conference at 10.45am instead to make public their demands and recommendations contained in a memorandum, meant to be submitted to the palace.

Colin told the press conference that the march was never granted a permit but they received verbal “permission and approval” from the Dang Wangi police.

Their written application was originally rejected but when they appealed for permission, it was given verbally on the understanding that there would be no political sentiments involved in the event.

When asked if the police gave any reason to stop the march, Colin replied: “No, but he (ASP Sydney) said the march has to be stopped because of latest political development in the country.”

Yesterday, blogger Raja Petra Kamaruddin, Sin Chew Daily reporter Tan Hoon Cheng and Seputeh MP Teresa Kok were detained under the Internal Security Act.

The march this morning was organised to submit a memorandum to the king seeking recognition of the rights of indigenous groups as espoused in the United Nations’ Declaration on the Rights of Indigenous Peoples.

Similar to Hindraf, they also have their memorandum:

Despite calling off a march to the King’s palace to submit a memorandum, our spirits are not broken and we will continue to voice our disappointment towards the government, the Jaringan Orang Asal SeMalaysia (Indigenous Peoples Network of Malaysia) said today.

In the memorandum, the network had protested the non-recognition of their customary lands, forced resettlement, non-recognition of cultural rights, unfair policies of assimilation and integration, and outright disregard for judicial decisions.

The march was planned in conjunction with the first anniversary of United Nations’ Declaration on the Rights of Indigenous Peoples. In the memorandum, the group highlighted several violations including Orang Asal rights as the land-owners.

“The federal and state governments have acted maliciously against the Orang Asal by forcibly taking our lands, territories and resources without our free, prior consent,” executive director of Borneo Resources Institute, Mark Bujang, told a press conference following the cancellation of the march this morning from police ‘advice’.

Reading out the memorandum, Mark said in Selangor alone, about 7,000 hectares of Orang Asal reserves were degazetted without their knowledge. Neither were they informed when, where and how the areas were taken from them.

“In Sabah and Sarawak, an increasing number of communities are now finding out the hard way that their native customary lands have been given to oil palm and industrial tree plantation companies or leased to logging companies – again without their prior consent,” he added.

Furthermore, the Orang Asal have been subjected to force for involuntary resettlements because of government’s non-recognition of their native titles.

Mark cited as an example the forced resettlement of Chewong-Orang Asli community in the Kelau Dam project in Pahang where the indigenous people were intentionally misrepresented by the agents of the government and forced to resettle.

“To make matters worse, the indigenous community concerned need not be resettled as their village would not have been affected by the projects,” Mark explained.
Among their demands, the Orang Asal have requested that customary land be returned and appropriate legal processes be taken for the restitution of the land obtained.

“The government must immediately halt the legal process to gazette land which indiscriminately acquire the indigenous customary lands,” said Mark.

He added the courts should prioritise cases involving customary land dispute and urged the government to provide legal assistance for their cases.

According to findings in the memorandum, the Orang Asal consist of more than 80 ethno-linguistic groups, each with its own culture, language and territory, totalling up to four million or 15 per cent of national population.

“In the context of Malaysia, however, no law or policy was found that mentions the right to self-determination for indigenous peoples, let alone, accord us that right,” said Mark.

According to him, the Orang Asal have suffered from injustices by previous regimes and governments since the formation of the government of Malaysia.

“Therefore, the government must apologise for all these injustices and prejudices that have happened throughout the history,” he stressed.

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Hindraf coordinators arrested as PM visits prayer event

August 23rd, 2008
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Hindraf is rocked by more arrests and revelation by its leader Waytha that 3 of its main personalities are recruited by Special Branch.

The email from Waytha as below:

HINDRAF
135-3 JALAN TOMAN 7
KEMAYAN SQUARE
70200 SEREMBAN

BRIEF PRESS STATEMENT 23RD AUGUST 2008-08
RE: ISA DETAINEE VASANTHAKUMAR A SPECIAL BRANCH PLANT
RAMACHANDRAN MEYAPPAN & V.K.REGU HAVE BEEN RECRUITED AS GOVERNMENT AGENTS TO BETRAY HINDRAF CAUSE.

ISA detainee Vasanthakumar had volunteered to join HINDRAF in September 2007 and according to him at that time he was waiting for someone to do something drastic and the fact that I had filed an action against the UK Government attracted him to join HINDRAF. He had then served as a volunteer and I offered him to undertake the post of pro tem treasurer.

It came to my attention in January 2008 that Vasanthakumar has been planted by the Police Special Branch to infiltrate HINDRAF and upon further investigations the fact became apparent.

In March 2008 I was informed by two top Government officers on separate occasions confirming Vasanthakumar was assigned to break up HINDRAF lawyers in detention and the organisation from his detention. He had since met with various people from within HINDRAF to break the organization.

V.K.Regu though was a Pro tem Secretary of HINDRAF but was removed personally by me in October 2008 for undertaking activities against the interests of HINDRAF.

Upon the arrest of the 5 I had appointed a 10 member interim committee of which Tanendran was made the National Co-ordinator and Ramachandran Meyappan alias Ramaji was made the Spiritual Advisor of HINDRAF.

Recent events have shown that Ramaji and Regu had made frequent visits to KEMTA prison to meet Vasanthakumar secretly and they had colluded to break up HINDRAF and take over the registration of HINDRAFas an organization.

Ramaji and Regu had various secret and unauthorised meetings with the Prime Ministers Department, the PM’s Private Secretary and top MIC leaders over the last 5 months and I have evidence of this. It is now clear that all their activities thus far is to break up HINDRAF and take over the leadership of HINDRAF together with Vasanthakumar upon his release from ISA.

It wouldn’t be a surprise that the Government would approve the registration of HINDRAF as a legitimate organisation but the approval would be handed over to Regu Ramaji and Vasanthakumar and other MIC proxies so that the unity and power that HINDRAF has displayed under the MAKKAL SAKTI would be permanently be damaged and shattered.

I apologize to all HINDRAF supporters for concealing these crucial facts all these while. I did this solely to protect the unity and integrity of HINDRAF and to avoid the breakup of HINDRAF. I sincerely believed that the release of the 5 including Vasanthakumar is of utmost importance for the sake of HINDRAF’S struggle.

What transpired today at Butterworth is a blatant insult to the intelligence of all HINDRAF supporters. Ramaji and Regu had placed various advertisements and news in the local tamil daily over the last few days about gathering 20 000 people for a Yaagam for the release of the 5 HINDRAF and for the promotion of the 18 demands submitted by HINDRAF in August 2007 under their organisations ie HSS (Hindu Sevai Sangam) and an organisation loosely named Makkal Sakti. This event that was organised deliberately in the Permatang Pauh Constituency where there the Ex deputy Prime Minister is contesting in a by-election next Tuesday. By using the name Makkal sakti both ramaji and Regu had expected a huge crowd to bolster their grip on HINDRAF by the Prime Minister personally attending their Maha Yagam which was organised in a Chinese Temple (1st time of its kind) and entertained by a local famous pop band group.

I urge all HINDRAF supporters to remain calm during this crucial moment and urge all look out for news in our website www.hindraf.org and www.hindraf.co.uk for the latest news.

As the Chairman of this organisation I take full responsibility for the damage caused to the divine struggle of this organisation and extend my sincere apologies to all our supporters. Let us all unite to fight the betrayers within us who are up for selfish gain and to break the unity that never was seen prior to this within our community over the last 51 years. May the blessings of the almighty be showered upon us on this crucial period and I seek his guidance to take me in the right path.

P.Waytha Moorthy
HINDRAF
Currently in London

Looks like HINDRAF is in getting into a mess with many wanna-be splinters coming up.

The incident he was talking about is the yagam (prayer) organised by a Makkal Sakthi group in a Chinese temple in Penang. The event was attended by Prime Minister Badawi which itself is an impossible feat since he had declared that he will never meet any HINDRAF leaders (“who are they” comes to mind). Thus, its clear that another group had organised this yagam.

The Hindraf coordinators led by Thanenthiran protested outside the temple, and subsequently the police arrested them. 8 leaders arrested including two ladies. Report from Malaysiakini:

Eight Hindu Rights Action Force (Hindraf) leaders, including national co-ordinator TS Thanenthiran, were arrested this evening after staging a protest against a splinter group outside a Chinese temple in Seberang Jaya, Penang.

The protest began around 2pm, swelling to about 200 people by the time the arrests were made. The splinter group, which also claims to represent Hindraf, was carrying out a bonfire prayer at the temple.

Prime Minister Abdullah Ahmad Badawi, in town to help campaign for his coalition in the Permatang Pauh by-election, dropped by to visit the temple around 5.30pm. He chatted briefly with members of the splinter group and shook hands with some of them before leaving.

Soon after that, the demonstration got out of hand and the arrests were made around 6.30pm.

Police said the eight people, including two women, were arrested for illegal demonstration.

Hindraf chief P Waythamoorthy called Malaysiakini from London, saying that the splinter group did not represent Hindraf and the prayer ceremony was not sanctioned by the Indian rights group.

Bonfire organisers VK Regu had told reporters earlier that the event was organised by the Makkal Sakhti movement, which is sometimes used interchangeably with Hindraf, in collaboration with an NGO.

We want to seek divine intervention to secure the release of the five Hindraf leaders detained under the Internal Security Act, he said, adding that the event was also to urge Barisan Nasional and Pakatan Rakyat to fulfil Hindraf’s 18-point memorandum on Indian affairs submitted to Abdullah last year.

Shortly after, Regu was confronted by the 10 Hindraf activists and a shouting match erupted between the two groups before the protest began.

The Hindraf activist claimed that the bonfire organisers were out to confuse Indian voters in Permatang Pauh by engaging Abdullah at the event.

The demonstration began immediately after Abdullah left the event with protesters shouting reformasi and long live Anwar before they were dispersed by the police.

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