Posts Tagged ‘Uthaya’

MK report on Hindraf trio discharged from sedition

November 27th, 2007
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Hindraf trio discharged from sedition
http://www.malaysiakini.com/news/75273
Soon Li Tsin
Nov 26, 07 12:45pm

Three key leaders of Hindu Rights Action Force (Hindraf) were today discharged without being acquitted by the Klang Sessions Court from the sedition charge they faced. 

Judge Zunaidah Mohd Idris ordered the discharge as the prosecution had failed to submit the original Tamil transcript of the alleged seditious remarks made by P Uthayakumar, P Waythamoorthy and VS Ganapathy Rao.

The prosecution led by DPP Ishak Yusoff has also failed to get the Malay translation of the allegedly seditious speeches officially certified by relevant bodies.

“The court and the (defence) lawyers are not convinced that the speeches were seditious because the Malay translation is not clear.

“What is important is the actual Tamil text with a certified translation (into Malay). Is the prosecution basing the offence on the original words in Tamil or the translated version in Malay?

“I believe the gist of the offence is not stated here. I cannot see what (allegedly seditious words) the prosecution is focusing on,” Zunaidah said, before discharging the trio.

She, however, said the prosecution can recharge the three once the documentation has been sorted out.

They were originally charged last Friday under Section 4(1)(b) of the Sedition Act, based on police investigations pertaining to reports lodged against them in relation to their speeches made between 8.30am and 11.15pm at a forum in Batang Berjuntai, Selangor on Nov 16.

The offence is punishable with a fine not exceeding RM5,000 or a maximum jail sentence of three years, or both.

‘Return bail money’

Zunaidah had also ruled that bail money held by the court over the weekend was to be returned.

Hindraf legal adviser Uthayakumar and lawyer Ganapathy had posted bail of RM800 each on Friday, but chairperson Waythamoorthy had refused the bail offer as a mark of protest.

The trio were represented by a team of lawyers including M Manoharan, A Sivanesan, S Surendran, Gobind Singh Deo, R Kenghadaran and M Kulasegaran.

Amer Hamzah Arshad and Ramdas Tikamdas appeared for the Bar Council and National Human Rights Society respectively.

PKR de facto leader Anwar Ibrahim and DAP secretary-general Lim Guan Eng were among political leaders who were present in court today.

A crowd of about 100 inside the courtroom erupted in cheers when the judge discharged the trio. They were then hoisted on the shoulders of supporters and paraded victoriously down Jalan Dato Hamzah – also known as Little India – bringing traffic to a standstill.

A larger crowd – estimated to be around 4,000 – had gathered at the nearby Padang Chetty watched by an equally strong presence of the Federal Reserve Unit. The crowd dispersed after several speeches were made by the Hindraf leaders.

During an impromptu press conference in front of the Sri Nagara Thandayuthapani temple adjacent to the field, Waythamoorthy broke his three-day hunger strike amidst cheers from supporters.

“It (fasting) was a good experience,” he told Malaysiakini with a smile.

His brother Uthayakumar insisted that he will “continue to speak the truth” and said he was not deterred by the sedition charge.

rally affects economy says DPM

November 27th, 2007
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the thing is when we look at public perception and surveys, many people are worried about bread and butter issues. the rural folks and the urban poor want to have chance to make a living. they are not worried about international issues or things that happen to the rich and well-off. elections are won by making sure the issues that are local to the area are taken care off – electricity, school, roads, surau, community centre etc. now, when the people want to air the grouses on their issues, they are asked to think and consider about tourism, national image etc. of course they don't care bit.
to handle the crowd, the govt should focus on solving or placating their "local" issues, and not ask them to think about economy affected, tourist run away etc. those thing won't register with the peaceful, simple-way-of-life indians who come from the outskirts of big towns.

meanwhile, koh tsu koon suggests that more peaceful way such as signature campaign to be used instead of assemblies and rallies.

Illegal rallies 'will affect economy, people's lives'

By : Shamini Darshni

PETALING JAYA: The government will not back down from the political challenge posed by the Hindu Rights Action Force, Deputy Prime Minister Datuk Seri Najib Razak said.

"We will meet the challenge. We will not back down from a political challenge," he said.

Asked to comment on Hindraf leader P. Uthayakumar's assertion during an interview with Al-Jazeera that the group's intention was to embarrass the government, Najib said: "His intention is political. If we were one-sided, there is no way the Indian community would have supported us, and the Barisan Nasional would not have won. "Suddenly, he wants to raise this issue. It is just politically motivated," Najib said after witnessing the handing over of three Dauphin helicopters from Eurocopter Malaysia to the Malaysian Maritime Enforcement Agency. He said illegal street demonstrations could severely affect the economy and people's everyday lives.
 

More than 240 were arrested as thousands of protesters, organised by Hindraf to deliver a petition to the British High Commission, clashed with police on Sunday. Police had cordoned off a 4-km radius from the high commission, leaving the usually busy Jalan Ampang devoid of weekend traffic and shoppers.

In George Town, Gerakan's message to Hindraf supporters was to engage in constructive dialogue. The party's acting president, Tan Sri Dr Koh Tsu Koon, yesterday said there were always many peaceful channels for the Indian or other communities to resolve problems. Koh said the BN was open to suggestions and Prime Minister Datuk Seri Abdullah Ahmad Badawi had a soft spot for the marginalised. "Taking to the streets is a dramatic way of expressing one's feelings which can only lead to many other problems. "It is Gerakan's hope that the community can come together with concrete solutions to solve their problems.  "Any problems which affect a community affects the country as a whole.

Although the MIC has and will continue to take the lead in helping to resolve issues faced by the Indian community, other BN component parties also have an important role to play," he said after the state legislative assembly meeting here. Koh admitted that while the Indian community was well represented in certain professions and businesses, there were also many areas where the community was left out. "Let us always go back to the New Economic Policy (NEP) spirit, with the sole objective of wiping out poverty and re-arranging the different communities in the country. "We should also look at the issue from all aspects and have a pragmatic approach to address it," he said, adding that the idea of petitioning Britain's Queen Elizabeth II was unrealistic.

hindraf leaders discharged over sedition act

November 27th, 2007
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Discharge for trio

By WANI MUTHIAH

source

KLANG: The three Hindu Rights Action Force (Hindraf) members charged with sedition at the Sessions Court here last Friday were given a discharge not amounting to an acquittal by the same court yesterday. The trio had been charged under the Sedition Act for allegedly uttering words to incite hatred in their speeches at a gathering in Batang Berjuntai on Nov 16. 

In delivering her decision, Judge Zunaidah Mohd Idris said the charge against lawyers P. Uthayakumar, P. Waythamoorthy and V.S. Ganapathi Rao appeared to be ambiguous because the prosecution had failed to provide original transcripts of the Tamil speeches. Only uncertified Malay translations of the speeches were attached to the charge sheets. According to Zunaidah, the prosecution should have transcribed the speeches in the original language first before translating them into Malay and an accredited translator must also certify the transcription and translation.  Since the translation was not certified, it could not be known if it was an accurate version of the Tamil speeches made by the three defendants. 

All these factors, said Zunaidah, resulted in the court being unclear and unconvinced about the charge brought against the three.  She said she was unable to see the focal point of the charge even after thoroughly perusing all its pros and cons. 

Deputy Public Prosecutor Ishak Mohd Yusof, who received a sound thrashing from the defence team, made up of six lawyers including M. Manoharan, A. Sivanesan, Gobind Singh Deo and G.K. Ganesan, said the original transcripts would be provided during the trial. Ishak said there were precedents that supported the prosecution’s contention that it was not necessary to provide transcripts of the original speech at the plea-recording stage. He said the original transcripts would be tendered when hearing began and the translator would be called in as a witness to defend the accuracy of his translation. 

Gobind Singh asked why the prosecution had to wait until the trial to produce the transcripts of the original speech. Ganesan explained to the court that a Malay word had multiple meanings in Tamil and said this further questioned the accuracy of the charge as it was based on uncertified translations of the original speeches. Meanwhile, Manoharan noted that the prosecution had failed to adhere to Zunaidah’s instructions on Friday to attach the Tamil transcripts of the speeches to the charge sheet and asked why it had failed to follow the judge’s instructions. 

Ramdas Tikamdas and Amer Hamzah Arshad held watching briefs for the National Human Rights Society (Hakam) and the Bar Council respectively. Ramdas said that given the obvious ambiguity of the charge and the prosecution's non-compliance of a direct order, the court should lean towards a decision that upheld the fundamental liberties enshrined in the Federal Constitution. PKR advisor Datuk Seri Anwar Ibrahim was also at the courts to see Uthayakumar, Waythamoorthy, and Ganapathi. Later, the Hindraf leaders addressed about 3,000 supporters who had gathered outside the court complex. 

Uthayakumar said he had merely presented a slideshow in Batang Berjuntai showing what was actually happening on the ground and what was being said by those at the top. “They cannot accept this and decided to call it seditious,” he said.  

Waythamoorthy, who had refused bail on Friday as a sign of protest, said the movement had planned the rally as a peaceful gathering to hand over a petition for the Queen but the police had refused to issue a permit. “Bus permits for those travelling from outstation were also cancelled.”

collection of news on hindraf from the sun

November 27th, 2007
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http://www.sun2surf.com/article.cfm?id=20072
ISA may be used on illegal demonstrators, says Johari

136 arrested at rally under remand | Govt's unfair policies claim not true, says Najib | Johari: Not fair for BN MP to blame govt for Indian woes
B. Suresh Ram and Giam Say Khoon
KUALA LUMPUR (Nov 26, 2007): The government has not ruled out the possibility of using the Internal Security Act (ISA) on those involved in illegal demonstrations and gatherings.

Deputy Internal Security Minister Datuk Mohd Johari Baharum said the government may have to look into the use of detention without trial provisions in the future if such illegal demonstrations continue to mushroom.

"If the situation warrants it, (we will use the ISA)," he told reporters in Parliament lobby yesterday.

The ISA, a colonial piece of legislation that was enforced to deal with the communists during Malaya's emergency, allows for indefinite detention without trial.

Johari said the government may have to consider using the ISA following the Hindraf demonstration yesterday and the Bersih demonstration two weeks ago which have raised concerns about public safety, security and economic losses.

Johari denied the government was one sided when it came to the issuance of permits for public gatherings.

He said permits for public gatherings were issued if they were beneficial to society.

"Not for a situation which causes problems," he said, adding that the authorities will scrutinise permit applications thoroughly before deciding.

Earlier, he defended the approach taken by the police in breaking up the illegal demonstration by Hindraf yesterday, and in handling the more than 10,000 protestors.

He said police personnel ensured there was no body contact with the demonstrators when carrying out their duty.

However, visuals on Al-Jazeera and pictures which have been posted on the Internet show that some demonstrators were wrestled to the ground and dragged away by the police.

Johari said that after trying to disperse the demonstrators through the use of tear gas and water cannons, the police used the "soft approach" by asking Hindraf leaders to address the crowds to tell them to disperse.

He also said police would be investigating all those hauled up yesterday, including demonstration backers.

"We will trace those behind it and will investigate and take the appropriate action," he said.

He added that despite a court order prohibiting the assembly in front of the British High Commission, the lack of a police permit for the gathering, and sufficient warning by the police, the organisers and participants of the demonstration still chose to defy the rule of law.

"This showed that they came not because of the memorandum. Certain quarters have made use of the demonstration for their own benefit," he said.

136 arrested at rally under remand

KUALA LUMPUR (Nov 26, 2007): Bukit Aman CID director Datuk Christopher Wan confirmed today that the 136 people who were arrested during the Hindu Rights Action Force (Hindraf) rally yesterday were now being remanded for between one and three days.

Wan’s deputy Datuk Acryl Sani Abdullah Sani also said the detainees were being investigated under Section 188 of the Penal Code for disobeying an order by the police.

Offences under Section 188 are punishable with a maximum imprisonment of six months or maximum fine of RM2,000 or both.

"The arrests were done by the Selangor and Kuala Lumpur police under Section 27 of the Police Act (power to regulate assemblies, meetings and processions)," Acryl Sani said.

Acryl Sani told reporters in a function today the police had a special meeting today to discuss the rally and would arrive at some conclusions by Thursday (Nov 29).

Govt's unfair policies claim not true, says Najib

PETALING JAYA (Nov 26, 2007): The Barisan Nasional (BN) would not have had the Indian community’s support through the years if the government, led by the coalition, practised unfair policies, Datuk Seri Najib Abdul Razak said.

Responding to comments by Hindu Rights Action Force (Hindraf) legal adviser P. Uthayakumar that the Indians who demonstrated had been oppressed since independence, the deputy prime minister said if that were true, the BN would not have survived this long in government.

Uthayakumar’s comments were made during a live TV interview on Al-Jazeera news yesterday.

"All of a sudden he wants to raise the issue which is politically-motivated," Najib said today after a handing over ceremony of three helicopters to the Malaysian Maritime Enforcement Agency by Eurocopter Malaysia in Subang Airport.

Najib said the street demonstrations affected the country’s image, disrupted business and inconvenienced the public because of the police road blocks that were set up to stop the demonstration.

Asked if the demonstrations were a challenge to the BN, Najib said the BN would not back down from a political challenge.

In Penang, Gerakan acting president Tan Sri Dr Koh Tsu Koon said Hindraf should have engaged in constructive consultation rather than take a confrontational stand.

Koh, who is also Penang Chief Minister, called for a press conference to urge those involved to use peaceful forums rather than street demonstrations.

Citing the efforts by the Sri Murugan Centre to motivate Indian students through incentives, Koh said those who were discontented and felt left behind "should turn these negative feelings to do something constructive about it".

Koh said the best way for the group to voice their discontentment was to use existing channels of communications, for example, through a signature campaign, adding that the government was always open to suggestions.

In Kuala Lumpur, MCA president Datuk Seri Ong Ka Ting said complaints must be channeled legally, adding that an illegal rally was a threat to the country’s image and stability.

"I believe this is also the view of many people and I hope there will be no more illegal rallies in the country," he told reporters.

In a statement today, however, Centre for Public Policy Studies chairman Tan Sri Ramon Navaratnam called on the government to recognise the democratic right of freedom of assembly.

"If we want to consider ourselves a true democracy, then the police should stop immediately its high handed and excessive use of force at dispersing peaceful crowds," he said in reference to the Hindraf rally, and the Nov 10 Bersih rally.

To the government’s insistence that people should raise their concerns in forums instead of demonstrating, Ramon said such forums have been conducted with little avail.

"(The people’s) articulations are compiled into reports and submitted to various committees, but it is precisely inaction and non-response from the government that has fuelled frustrations among those groups who have not received equal treatment," he said.

He also urged the government to examine the root causes that underlie the recent rallies.

"These expressions of frustration and anger arise from a significant proportion of the Malaysian public. These must be factored into policy-making processes, and not ignored," he said.

Johari: Not fair for BN MP to blame govt for Indian woes

KUALA LUMPUR (Nov 26, 2007): A backbenchers was told today it was unfair for him to accuse the government of being unfair to the Indian community when it comes to sharing the country’s economic pie.

S.K. Devamany (BN-Cameron Highlands) had said, when posing a supplementary question, that despite measures promised by the government in its 2020 Vision policy and the Ninh Malaysia Plan, the reaction (Hindraf's demonstration) yesterday showed that there is frustration in the lower rung of the Indian community which saw the involvement of youths and those from the middle income group.

"What are the actions taken to show proof of the government’s efforts in overcoming poverty and limited opportunities in the Indian community," he asked Deputy Internal Security Minister Datuk Mohd Johari Baharum in Parliament.

Johari, replying in Parliament lobby, said it was not fair for Devamany to say the Indian community took to the streets on Sunday because the government was not being fair to them.

"How can he say that the demonstrations were due to Indians’ frustrations," he said.

Deputy Minister in the Prime Minister’s Department Senator Datuk Abdul Rahman Suliman, replying to a supplementary question from Lim Kit Siang (BN-Ipoh Timur), said the Barisan Nasional government was never dictated by demonstrations when it comes to improving the well being of the people.

"’The BN government is always sensitive to the needs and interest of the people. Attention to which has always been paid, even when there is no demonstration," he added.

Lim, in a statement, demanded that Devamany publicly apologise for his Aljazeera interview yesterday (Sunday) for belittling the Hindraf demonstration and condemning the demonstrators.

"The Cabinet on Wednesday (Nov 28) must discuss the ‘cry of desperation’ of the Malaysian Indians symbolised by the 30,000-prople strong Hindraf demonstration," he aadded.

collection of hindraf related news on malaysiakini

November 27th, 2007
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SPECIAL REPORT: The Hindraf protest
http://www.malaysiakini.com/news/75315
Nov 26, 07 7:32pm

Very rarely do Malaysians see such defiance. Despite repeated warnings and a court order which allowed the police to 'arrest on sight', they came out in the thousands on Nov 25 into the streets of Kuala Lumpur.

It was, in part, a protest inspired by Indian independence activist and pacifist, Mahatma Gandhi.

Like Gandhi, the Hindraf supporters were out to show mass civil disobedience and it was prominently shown by a crowd of almost 5,000 near the Hotel Maya at Jalan Ampang.

For at least five times, the crowd would run helter-skelter at each ‘water canon charge’, only to defiantly claim back their original positions, chanting “We want justice!” in both Tamil and English.

The following are a selection of Malaysiakini news reports, analyses, videos and letters on the Nov 25 Hindraf protest.

AFTER THE RALLY

Hindraf trio discharged from sedition
MIC MP: Rally reflects govt's failure
Hindraf 'manipulated' the innocent
Police draw flak over excessive force
Hishammuddin rapped for 'sacking' warning
Nazri: Breach the law, face consequences

NOV 25 RALLY

Fearless Indians fight for rights
A Gandhi-inspired mass civil disobedience
30,000 Hindraf protesters rally in KL streets
Tear gas fired at defiant protesters
Hindraf to submit petition in London
Samy tells Indians to work 'within the system'
Anwar: Hindraf rally a safety valve

BEFORE THE RALLY

Hindraf: Let us hand petition and go home
MIC: Hindraf is stooge of the opposition
Hindraf – a new force is born
Hindraf trio freed on bail
Three Hindraf leaders arrested
Organisers vow to proceed despite ban
Cops obtain rare court order against Hindraf
Rumours rife, Hindraf not amused
Police reject permit for Hindraf rally

VIDEOS

Nov 25 rally
Hours of the rally
l 10 min
Cat and mouse around KLCC l 8 min
Confusion on Jalan Ampang l 2 min
Sucking tear gas and chemical-laced water l 7 min
Police accused of unprovoked attacks l 2 min

The day before
Uthaya's prediction for Nov 25 l 15 min
Hindraf leaders give impromptu briefing at temple l 10 min
Hindraf supporters head towards temple l 9 min
P Waythamoorthy refuses bail l 4 min
Hindraf supporters gather to show support l 4 min
The Hindraf arrests: Scenes in Shah Alam l 4 min
Hindraf rally: Cops warn of 'stern action' l 5 min
Police raid offices of two Hindraf lawyers l 6 min

LETTERS TO THE EDITORS

Be rational, be sensible
Nov 23, 07 7:43pm
Hindraf rally: Arrests, roadblocks will make it worse
Nov 23, 07 6:24pm
Indian ruling elites have failed us
Nov 23, 07 6:22pm
Right to rally reserved for Umno Youth
Nov 23, 07 6:20pm
PM, wake up and take a look around
Nov 23, 07 6:19pm
‘Bulldozing faith’: Hindus not under siege
Nov 5, 07 6:34pm
I’ve never felt such an outrage before
Nov 5, 07 6:28pm