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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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form cabinet task force to aid Indians

December 4th, 2007
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the indian community at large worry about temple, tamil schools, housing/land/TOL, govt jobs, IC/birth cert/marriage registration, minimum wage, microcredit loans, harrassment from authorities, free/cheap/reliable medical services, removal of gangs/thugs, removal of samsu shops, and education opportunities.

those in middle class and above have slightly different set of worries. their worries will be on employment, housing, business opportunities, crime rate, toll rate, petrol price, civil rights, migration, transportation problems, local council performance, children education, peace, etc.

Form Cabinet task force to aid Indians
http://www.malaysiakini.com/news/75622

Dec 4, 07 1:53pm

Parliamentary Opposition leader Lim Kit Siang today urged the government to establish a Cabinet Task Force to find solutions to end the marginalisation of Indians and other groups in the country.

He said the task force should be headed by Prime Minister Abdullah Ahmad Badawi and should focus on:

• Conversion of all partially-aided Tamil primary schools into fully-aided schools

• RM500 million allocation to upgrade Tamil primary schools

• Stop demolition of Hindu temples and other places of worship nationwide.

Lim said his proposal was in view of a 30,000-strong “cry of desperation” by those who attended the Hindu Rights Action Force (Hindraf) rally on Nov 25.

“The Cabinet should end the denial about the marginalisation of Indians in Malaysia and come out with a new policy for a new deal to end the marginalisation of Indians and all marginalised groups in Malaysia,” he added in a statement.

Lim stressed that the Cabinet and MIC president S Samy Vellu cannot deny that Indians have been marginalised over the last three decades.

As an example, he pointed out that before the New Economic Policy was implemented in 1971, the civil service comprised of 17.4 percent Indians. This figure shrank to 5.12 percent in 2005. 

MIC's 'disservice' 

Since the Hindraf rally, Abdullah, Samy and other Cabinet ministers have on a near daily basis denied Hindraf’s charge that the Indian community is marginalised.

Meanwhile, Lim also accused MIC of doing a “disservice” by not properly informing Abdullah about the plight of the Indian community.

“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.

“For decades, the Indians have been marginalised politically, economically, socially, educationally, culturally and religiously, reducing them into a new underclass,” he said.

Lim said these were the reasons why 30,000 Indians from all over the country rallied behind Hindraf.

However, he disagreed with Hindraf’s claim that the Indians are victims of a state-sanctioned ethnic cleansing.

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hindraf should meet PM without conditions

December 3rd, 2007
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No conditions must be attached if PM meets Hindraf, says Nazri
source
 Husna Yusop
KUALA LUMPUR (Dec 3, 2007): If there is going to be any meeting between the Hindu Rights Action Force (Hindraf) and Prime Minister Datuk Seri Abdullah Ahmad Badawi, it must be done without any conditions and in a mutually-agreed manner, Minister in the Prime Minister’s Department Datuk Seri Mohamed Nazri Abdul Aziz said. 

Otherwise, he said, Hindraf would be seen to be giving an ultimatum to the government, and the government will not bow to this.

While stressing that he was only giving his personal opinion, he also said that should the prime minister agree to meet the group, it must be with the presence of the MIC. "Otherwise, we may be interpreted as having lost confidence in the MIC in handling Indian issues. These are just my thoughts. The PM will have the last say."But, in my opinion, any meeting should not leave out the MIC because it has always been our partner for the last 50 years with regards to matters relating to the Indians," he said in Parliament lobby today , after the opening of the Asean Inter-Parliamentary Caucus for Good Governance.

Yesterday, Hindraf called for a dialogue with Abdullah to discuss the social and economic problems faced by the Indians. This was following an illegal rally staged by Hindraf in Kuala Lumpur on Nov 25, to voice concerns on the issues faced by the community. At least 94 people have been charged for allegedly being involved in the illegal assembly.

Asked why the government did not allow peaceful demonstrations, Mohamed Nazri said there were historical reasons for this, citing the May 13, 1969, incident when demonstrations led to racial riots. "There is no point talking about rule of law when many lives have been sacrificed," he said. He added that in multi-racial Malaysia, some of the issues raised by certain groups may be interpreted as challenges to other groups.He also said the government was responsible for ensuring the country remained peaceful and stable.

"If we do know a demonstration can lead to something which may be explosive and violent, [but we still allow it], if anything happens later, the buck stops at the government. People will ask, ‘Why did you allow it when you know it was bound to happen?’ "I have respect for human rights but I am prepared to withdraw the human rights of three or four people in order to protect the human rights of the majority," he said, adding that the Nov 25 demonstration was instigated by a few people and that the majority of the Indians were happy with the government.

Asked to comment on Hindraf legal adviser P. Uthayakumar’s remark that Hindraf had resorted to the rally because it had exhausted all avenues to overcome the community’s problems, Mohamed Nazri said it was not a valid claim. "Whatever you do, you cannot have it your way all the time," he said. He advised Hindraf supporters to work with the government or register the group as a political party to face the ruling government in the general election.

On Hindraf’s request for a special committee and hotline at the Prime Minister’s Office to respond to issues concerning the Indian community, Mohamed Nazri said: "This is a government which listens but it must be done in a proper way."

Asked to comment on Hindraf’s complaint about the demolition of temples, he said he agreed it was insensitive of the officials in Selangor to tear down the temples on the eve of Deepavali."I agree that was stupid of the officials not to be considerate in sensitive matters like this. It could have been done in a better way if we had just waited a few more days and let the Hindus celebrate Deepavali. "[But] I do not think the Mentri Besar [Datuk Seri Dr Mohamad Khir Toyo] has a personal vendetta against the Hindus. I think, we put it to experience, which he probably lacks. I agree that matters touching on religious issues should be handled more cautiously and not be done in a wanton way according to one’s whims and fancies," he said.He added that the public must understand that the relocation of temples or surau on government land was common in the process of development.

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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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nazri on temple, khir toyo, hindraf meeting with pm, and social contract

December 3rd, 2007
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the reality as nazri says it is in the paragraphs below. the younger generation may feel 50 years is enough and its time to look forward with a new contract. post-independence, everyone worked hard to bring malaysia to its current heights. with globalisation and borderless movement, the younger generation (born after the 70s) will question the inequality which is thrust upon them. can the malays be once more kind hearted and think of malaysia's unity and future? can there be a deadline or a milestone to mark the beginning of a new malaysia, one which is really equal to all its citizens?

Asked regarding a survey commissioned by the Asia Foundation which found the majority of Chinese and Indian youths stating that they believe they were discriminated against in the country, Nazri said the incidence of inequality in Malaysia is undeniable.

However, he said this state of affairs is due to the social contract reached 50 years ago by representatives of the racial communities who agreed that Malays would enjoy certain privileges in return for the granting of citizenship rights to members of the migrant communities.

The only way such an arrangement can be changed is if future generations of Malaysians decide on revising that contract. Until then, said Nazri, the government is charged with carrying out the agreement.

“If there is any unhappiness, then it is entirely up to the future generations of Malaysians, regardless of whether they are Indians, Chinese or Malays, for them to sit down (and discuss),” he said.

“It’s not just about what the Indian and Chinese (youths) want. You have to ask the Malays also, whether they want the social contract to be renegotiated. It’s up to them…. As of today, I know the Malays are not prepared to renegotiate,” he added.

Nazri: Temple demolition 'stupid, insensitive'
http://www.malaysiakini.com/news/75592

Fauwaz Abdul Aziz
Dec 3, 07 4:43pm

Stupidity, lack of sensitivity, and inexperience all came into play in the debacle surrounding the demolition of a 100-year-old temple in Shah Alam on the eve of Deepavali last month.

And these were not the words of a non-governmental organisation or opposition party leader conveying the frustrations and bitterness within the Indian community.

This was Minister in the Prime Minister’s Department Nazri Abdul Aziz’s view on the destruction of the Sri Maha Mariamman temple by Shah Alam City Council (MBSA) officers in Kampung Rimba Jaya.

“It was stupid of the officials not to be considerate (and) to look into sensitive matters like this. I believe it could have been done in a better way if (the state government) had just waited a few more days. Let the Hindus celebrate their Deepavali,” he said.

“Deepavali is a religious festival. It could have been handled much better and with more sensitivity (to) the feelings of the Hindus,” he added.

He was speaking to reporters at the sidelines of the two-day Colloquium on Good Governance, Rule of Law and Human Rights organised by the Asean Inter-Parliamentary Caucus for Good Governance (AIPCGG) and the Regional Working Group for an Asean Human Rights Mechanism. The event was held in Parliament.

Nazri was commenting on the resentment felt among Indians, many of whom say they have been discriminated and marginalised.

The tearing down of the Sri Maha Mariamman temple touched a raw nerve in the Indian community not only as it occurred on the eve of Deepavali, but because it was the latest in a series of demolitions undertaken by the Selangor state government on Hindu temples in the state.

The Malaysia Hindu Sangam, the Malaysian Consultative Council of Buddhism Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) and the Selangor Coalition of Indian Community Organisations has also voiced their anger over the incident.

Even MIC had issued a statement of protest over the issue and planned a ban on Deepavali celebrations.

Khir Toyo lacks experience

While Nazri does not think Selangor Menteri Besar Dr Mohd Khir Toyo has any “personal vendetta” against Hindus, he said the manner in which the latter implemented the state’s ‘zero squatters’ policy leaves much to be desired.

“I think we (can) put it to experience, which he probably lacks. I agree with you that matters touching religious issues should be handled more cautiously and not in a wanton way according to individual whims and fancies,” said Nazri.

However, the minister was not as acquiescing on the issue of the Hindu Rights Action Front (Hindraf) and its Nov 25 rally.

Nazri said the government had always listened to the complaints of the various communities and acted on them.

He cited his own decision to open Mara junior science colleges – which had previously been reserved to Malays – to Indian youths from poor families as well as the setting up of skills and training institutes exclusively for Indian youth.

“(There are claims that) not enough is being done for the Kadazan, for the Iban and for the Chinese. Even among the Malays (some) have been unhappy because they feel the NEP (National Economic Policy) benefited only a few people,” he said,

“But that does not (have to) make them demonstrate. You want to talk about pockets of people who are not happy, there are many pockets of unhappiness among Malays and Chinese. They don’t have to demonstrate,” he added.

Nazri said the thousands of Indians who protested on Nov 25 were “incited” to do so by Hindraf’s “lies” regarding the Malaysian government’s treatment of Indians.

Nazri said Barisan Nasional component parties or their youth wings would be in the wrong if they chose to demonstrate.

He admitted that he, in his youth, had also participated in demonstrations but had admitted his guilt and paid the penalty.

“When I was in Umno Youth, I did this too. I was brought to court, I admitted my guilt, and I paid the fine,” he said, contrasting this with Hindraf’s leaders who are seeking to defend their actions.

“Not like these ruffians, these thugs. They broke the law, but they want to defend themselves. They’re wasting court time, they’re wasting government resources and tax payers’ money,” he added.

Social contract

Asked regarding a survey commissioned by the Asia Foundation which found the majority of Chinese and Indian youths stating that they believe they were discriminated against in the country, Nazri said the incidence of inequality in Malaysia is undeniable.

However, he said this state of affairs is due to the social contract reached 50 years ago by representatives of the racial communities who agreed that Malays would enjoy certain privileges in return for the granting of citizenship rights to members of the migrant communities.

The only way such an arrangement can be changed is if future generations of Malaysians decide on revising that contract. Until then, said Nazri, the government is charged with carrying out the agreement.

“If there is any unhappiness, then it is entirely up to the future generations of Malaysians, regardless of whether they are Indians, Chinese or Malays, for them to sit down (and discuss),” he said.

“It’s not just about what the Indian and Chinese (youths) want. You have to ask the Malays also, whether they want the social contract to be renegotiated. It’s up to them…. As of today, I know the Malays are not prepared to renegotiate,” he added.

Commenting on the request by Hindraf to meet Prime Minister Abdullah Ahmad Badawi over the issue of Hindu rights, Nazri said it may happen as long as the front did not impose any conditions on the government.

Nazri also said MIC president S Samy Vellu would have to be present at the meeting.

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