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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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    indians have better poverty rates and household income

    December 3rd, 2007
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    Deputy minister: Indians better off than Malays
    Fauwaz Abdul Aziz
    Dec 3, 07 6:31pm
    There is lower poverty among the Indians compared to the Malays and the former also enjoy higher household incomes, the Dewan Rakyat was told today.

    According to Deputy Rural and Regional Development Minister Zainal Abidin Osman (BN-Nibong Tebal), the monthly household income for Indians in 2004 was RM3,456, while it was RM2,711 for Malay households and RM4,437 for Chinese.

    He said this was a five percent improvement for the Indians compared to 1999 when their household income was RM2,702.

    He said the poverty rate and hardcore poverty in 2004 among Indians was at 2.9 percent, 8.3 percent among Malays and 0.6 percent among the Chinese.

    This was also an improvement for the Indians from 1999, where the rate was 3.5 percent.

    “Because of this, we must hold on to the true facts and figures and not allow emotions and tall tales to influence the people,” he said.

    Explain to Hindraf

    Zainal Abidin was replying Dr Wan Hashim Wan Teh (BN-Gerik) who asked for clarification of the per capita income and the incidence of poverty among the various communities.

    “Let’s explain this issue to (Hindu Rights Action Force) Hindraf in this august House where the ethnic Indians are situated… and the number of professionals (among Indians), isn’t their percentage high in comparison with other groups?” asked Wan Hashim.

    “Millions are living comfortably (in Malaysia). It is as if they are in Nirvana compared to the circumstances in Tamil Nadu.” 

    Wan Hashim was referring to claims by Hindraf, a group advocating rights and better treatment of Indians, who they claim have been discriminated, marginalised and exploited.

    Hindraf organised a rally on Nov 25, and managed to gather about 30,000 protestors in Kuala Lumpur.

    The movement has also filed a class- action suit against the British government for bringing Indians to Malaysia as indentured labourers and exploiting them for 150 years.

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    Facts speak volumes, says Samy Vellu

    December 3rd, 2007
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    By : Jaspal Singh

    SUNGAI SIPUT: The concerns of the global Indian community in the wake of the street protest organised by the Hindu Rights Action Front (Hindraf) will be allayed by the facts, MIC president Datuk Seri S. Samy Vellu said yesterday.

    He said during his working visits to foreign countries, including India, he was often asked about the conditions of the Indian community in Malaysia. "There are two things I take into consideration when I answer such questions. The first is to explain the requests and proposals of the Indians that were met by the government. "The second is to explain those demands that have been turned down or not met. I cannot bluff like them (Hindraf organisers) and say that the Indians did not get anything," he said.

    Samy Vellu was asked how he planned to explain the concerns raised by the Chief Minister of Tamil Nadu, M. Karunanidhi, through Indian Prime Minister Manmohan Singh.

    According to The Hindu, Karunanidhi had written to Manmohan about the rally. He reportedly urged Manmohan to employ the necessary measures regarding the "suffering and bad treatment" of Tamils in Malaysia. Samy Vellu, however, was quick to say that Karunanidhi had not meant to interfere,  "He will never do such a thing. But when there are reports that 50,000 Tamils were smashed on the streets, then naturally anybody, anywhere, and not necessarily in India, will be aghast."

    He said a day after the street rally, he was interviewed by a New Delhi-based television station in which he told the interviewer "not to be taken in by the protest". "This is what happens when someone starts to throw wild allegations. "Are the Indians in this country without clothes? Are they without jobs? Are they without food? I cannot bluff like them. I will tell only the truth," he said.

    He lashed out at Hindraf for capitalising on the allegation that the government had indiscriminately torn down temples, saying that these people had never erected temples anywhere in the country. "They have never fought with the government to get land for the temples. Instead, they have been on a worldwide campaign that Malaysia is against Hinduism. "I, on the other hand, have acquired several plots of land from the chief ministers to build temples. I have received money from the government. Each year we get RM1 million to build temples and the money has been channelled for that purpose solely."

    He also said the rally organisers had produced a CD and were distributing copies of it worldwide alleging that 35,000 temples had been demolished in the country. Rubbishing the allegation, he urged the Indians to go through newspapers of the last 20 years and to read for themselves the number of temples demolished. He reiterated that any temple in a development area would be shifted and compensation paid. "There are so many temples which were built illegally. For instance, along the double-tracking project between Ipoh and Rawang, 76 such temples were shifted and compensation paid. "Anyway, I have been working on temple matters even before he (Hindraf adviser P. Uthayakumar) was born," said Samy Vellu.

    In Kuala Lumpur, the Selangor MIC welcomed the prime minister's "reassuring" stand on the Indian community. MIC deputy president and Selangor MIC chairman Datuk G. Palanivel said Datuk Seri Abdullah Ahmad Badawi's statement on Saturday showed how concerned he is with the situation. "Malaysian Indians are fully aware of his fair and just commitment to all," Palanivel said. "The MIC is aware of the people's grievances, but our approach is both realistic and rational." He denied claims by Hindraf that Indians were marginalised or subjected to "ethnic cleansing".

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