KLANG: Three lawyers, said to be key players in the Hindu Rights Action Force (Hindraf), were charged yesterday with inciting racial hatred.

P. Waytha Moorthy.

P. Uthayakumar (left) and V. Ganabatirau.

Hindraf is the organiser of a planned gathering in front of the British High Commission in Kuala Lumpur tomorrow. Police have refused permission for the rally for fear of public disorder.

P. Uthayakumar, 46, his brother P. Waytha Moorthy, 41, and V. Ganabatirau, 34, claimed trial to inciting a crowd through speeches in Tamil at a restaurant in Batang Berjuntai on Nov 16.

The three were brought under heavy police escort to the court at 4.20pm with a large group of supporters in tow.

From the onset of the proceedings, there was controversy as the lawyers representing the three, M. Manoharan, A. Sivanesan and R. Kenghadaran, objected to the charge, claiming it was flawed.

Manoharan said the charge was incomplete as the original copy of the alleged seditious speech, which was in Tamil, was not attached to the translated copy.

Deputy public prosecutor Ishak Mohd Yusoff told the judge that the translation had been certified by a police officer, but it had yet to be verified by an independent party.

At this juncture, Manoharan interjected, saying the charge was not clear and that prosecution was not ready to charge the three.

Judge Zunaidah Mohd Idris agreed that the original copy of the speech should have been attached to the translated text and said the prosecution should have also identified the words which were deemed seditious.

Manoharan then urged the court to discharge his clients based on the groundless charge.

He said under the Sedition Act, it was an offence to incite ill-feelings. In this case, he said the three accused were simply pointing out errors by the government.

Zunaidah: I do not want to go into the facts of the case. The charges are not purely groundless, let the prosecution do the necessary to the charge.

Manoharan: The court should not fix another date for the DPP to correct the charge. Grant them a discharge. The prosecution can bring them again on Monday with the proper charge. Why the hurry to charge the lawyers? They are not going to run anywhere.

Zunaidah agreed that the charge was general, adding that it would be difficult for the accused to answer. She then fixed Monday for mention.

When bail was proposed at RM10,000, Manoharan stood up again and said: "It is ridiculous enough that they are bringing an incomplete charge against my clients, now they are asking for RM10,000?

"There is no way they can post bail. Since Monday is fixed for mention, the court should fix then to submit on bail."

Manoharan also alleged that the clients were brought to court late on purpose so that they would not be able to raise bail and thus left in remand over the weekend.

"This was done in bad faith," he said.

It was then that a shouting match broke out.

Ishak stood up and told Manoharan to shut up and stop throwing accusations at the prosecution.

Kenghadaran lunged at Ishak and had to be restrained by the other lawyers.

"We are the ones struggling. How dare you, you shut up," he yelled at Ishak who then told him to stop pointing fingers.

Zunaidah had enough and told everyone to sit down. "We are here to carry out our duty. The prosecution is here following orders to charge your clients. I want this to be a fair trial. Do not put emotions into this."

But the court, she said, could not release the three accused without imposing bail.

"Since it's already 6pm, I will allow the three accused RM800 bail each. The bail is to be settled by cash to the court, who will hold the amount until Monday," she said.

Uthayakumar and Ganabatirau posted bail, but Waytha Moorthy refused as a mark of protest. He was sent to the Sungai Buloh prison where he has threatened to go on hunger strike.

The charge:

P. Waytha Moorthy, P. Uthayakumar and V. Ganabatirau were charged with uttering seditious words in Tamil during a speech at Restaurant Yun He, Lot 293, Sungai Rambai, Jalan Batang Berjuntai in Kuala Selangor between 8.30pm and 11.15pm on Nov 16.

They were charged under Section 4 of the Sedition Act 1948 (Revised 1969), which states that anyone who utters any seditious words shall be liable to a maximum RM5,000 fine or three years’ jail.

The seditious tendency includes inciting racial hatred and bringing the Government and the Yang di-Pertuan Agong into contempt.

It applies to an act, speech, words, or publication. It includes any phrase, sentence, or combination of words, oral or written.

Timeline:

• 7.30am — Hindraf legal adviser P. Uthayakumar woken up at his home in Bangsar by a chief inspector and six plainclothes policemen with magistrate's court order not to attend the rally.

• 10.30am — Five police officers from Selangor police headquarters arrest Uthayakumar at his Menara Mutiara Bangsar office under the Sedition Act. He is taken to the headquarters in Shah Alam.

• 2.45pm — V. Ganabatirau is arrested when he goes to the Selangor police headquarters to see Uthayakumar.

• 3pm — P. Waytha Moorthy arrested at Shah Alam toll plaza and taken to Selangor police headquarters in Shah Alam.

• 4.45pm — Trio charged at the Klang Sessions court.

• 6pm — Bail of RM800 is objected to by Waytha Moorthy, who says he wants to remain in custody as a sign of protest. He insists on being handcuffed on the way out of court. Request granted.

• 6.30pm — Uthayakumar, Ganabatirau, A. Sivanesan and M. Manoharan left the court. They are carried on the shoulders by supporters. Procession starts at the foothill of court at Jalan Datuk Hamzah and snaked through Klang town. Traffic came to standstill.

• 6.30pm — Waytha Moorthy driven away to Sungai Buloh prison in Proton Waja.

• 6.45pm — Scuffle broke out between supporters and FRU near the junction of Jalan Datuk Hamzah, but order restored peacefully without any arrest.

• 7pm — Procession arrived at Padang Chetty which is behind the Klang district police headquarters, and 750 metres away from the court.

• 7-7.20pm — All four gave speeches and explained what happened in court.

• 7.20pm — A press conference was held outside the Sri Thandayathapani Hindu temple which is adjacent to Padang Chetty.

• 7.30pm — All four entered temple and prayed before leaving.