Humanity's cry for Malaysia: Free the 31

Humanity's cry for Malaysia: Free the 31
FRIDAY, DECEMBER 7, 2007
Free The 31

31 persons who participated in the HINDRAF rally have been charged with attempted murder. From a report by Malaysiakini (‘Attempted muder charge for Hindraf protestors’, 04.12.2007), it appears that the charge has been framed on the basis of an apparent intent to murder a police officer, Dadi Abdul Rani. The so-called attempt was alleged to have occurred during the debacle at the Batu Caves.

Let us leave aside the merits or de-merits of the charge for the moment and consider their context. The events at Batu Caves are now notorious. The version presented by the police was that they were compelled by circumstance to resort to tear gas and water cannons. The objective evidence (see Jeff Ooi's Minority Report series) points to a very different scenario; in the early hours of 25th November, persons at Batu Caves, and I use the word ‘person’ advisedly as it is not clear at all that these persons were going to participate in the HINDRAF rally, were corralled into the Batu Caves temple compound. Police officers then launched an offensive using tear gas and water cannons. It was during this melee that bricks and pipes were apparently thrown, it would appear in response to what the police were doing.

The Attorney General is quoted in the Malaysiakini report as saying, "They threw bricks at his head. Do you think it will not cause death?".

It does not follow that every person who throws a brick at someone intends to commit a murder. To have charged the accused for attempted murder, the Attorney General in his capacity as Public Prosecutor, must have been satisfied that every one of the 31 persons had intended to cause grievous harm to Officer Dadi of such a nature that his death was not unforeseeable. The Attorney General must be satisfied that there is enough evidence of such intention, and of actions motivated by such an intention, that were such evidence left unrebutted, a court would convict the 31 persons.

The Attorney General appear to think that there is sufficient evidence. From reports, this appears to be on the basis that anyone who threw a brick at the head of someone would have reasonably foreseen that the target might be injured to an extent that the target died.

In my view, this would not be sufficient. There has to be evidence that these 31 persons specifically attacked Officer Dadi. There has to be evidence that having chosen to attack Officer Dadi, these 31 persons then proceeded to attack him in such a way that his death by such attack would be foreseeable.

The events at Batu Caves, in my view, and I have not had sight of the charge sheets, do not allow for a clear conclusion of this nature to be drawn. Is the Attorney General saying that police officers who have beaten demonstrators or participants of rallies with batons on their heads are also culpable for attempted murder? Is he saying that the police officer who drew his firearm and shot 2 persons at Pantai Batu Burok also attempted to murder the persons he shot. I think not, not because the Attorney General has turned a blind eye to those events but because the actions of those police officers, as offensive as they may have been, simply do not form a basis for such a conclusion.

If they do, then the Attorney General is guilty of selective prosecution. Though in law the Attorney General as the Public Prosecutor has the absolute discretion to charge a person of a crime, this discretion not being justiciable, his discretion must be exercised in an even handed manner and not at whim and fancy. The Federal Constitution guarantees equal protection before the law. This precludes arbitrary invoking of legal process.

From this perspective, it is not unreasonable to think that the decision to charge may have been prompted by other considerations, principally a desire to stamp out any attempt to express disagreement and frustration with the way things are. The discretion to mount prosecutions has in this way been harnessed to the machinery of a government that tolerates little or no resistance as it engages in a perverse political dance with the leaders of HINDRAF.

How else does one explain the fact that the leaders of HINDRAF have not been charged with any crime though, if one believes the statements made by the authorities, there is sufficient basis for a prosecution? How else does one justify the presence of the Attorney General, recently returned from the International Court of Justice in the Hague, in the Klang Sessions Court?

The decision to charge the 31 of attempted murder, paving the way to a refusal of bail, was cruel. Though attempting to inflict bodily harm is not to be condoned, the authorities must see that the 31 and their families, their children, have been made pawns. They have been made to suffer, and will continue to do so as they await their trials, for nothing more than being in the wrong place at the wrong time.

Free the 31.

MIS
POSTED BY MALIK IMTIAZ SARWAR AT 10:59 AM
LABELS: ATTEMPTED MURDER, ATTORNEY GENERAL, DEMOCRACY, GOVERNANCE, HINDRAF, MALAYSIA, SELECTIVE PROSECUTION
45 COMMENTS:
multidimid said...
Attempted murder? At most it was causing “grievous hurt”. A blanket denial of bail is cruel indeed especially for the three accused who are sick are not even spared by the Judge when she ruled the “defence also provided vague descriptions and insufficient evidence of the health conditions’
AFP reported one of them with a “hole in the heart” was there praying at the temple. Another was ranting “his nephew – not joining Hindraf” was also roped in. In one sweep, the police have caught many innocent ones.
For more details & pictures

Go H E R E
- the hysterical scene after the Judge announcement.
DECEMBER 7, 2007 11:23:00 AM MYT
Anonymous said...
this is intimidation and victimisation in the highest order. One question, MIS, can the public via class action sue the AG for such blatant abuse of power and selective prosecution and persecution? i am ignorant in such legality but the AG office is being definitely maligned by this insane action of charging 31 Hindraf members for attempted murder.
Latest, the police is going after another 30 Hindraf members for the same allegations. And the top cop comes out blazing that Hindraf is trying to link up with etrroist organisation. This is preposterous coz if there is such attempt, the police should just arrest the leaders of Hindraf.
With the bidding of the subservient press, the government is trying to paint a damning picture of Hindraf and trying to make the 31 Hindraf members the ultimate scraficial lambs. No, this government is no better than the barbaric Burmese regime and therefore ahs lost all moral ground to talk about civility and fairness.
DECEMBER 7, 2007 11:51:00 AM MYT
Pratamad said...
This is a circus show of the highest order. Everyone must plays his part. Hence the attempted murder charge. The IGP has also just played his part, by making baseless allegations that Hindraf has contacted terrorist groups, without showing a single thread of evidence.
DECEMBER 7, 2007 12:14:00 PM MYT
Anonymous said...
I am in a sad that this thing is happening in my beloved country Malaysia.Why is that we are treated so bad in our own country. Why our brother's are charged with Attempt to murder.Anyone with sense won't believe that. Feel like watching a movie, still can't believa that it is happening here in out country.
So called Indian community leader Mr.Samy. Please don't keep on pretending to save your seat. Wake men and do something or atleast resign and admit that you are not fit to be our leader.
DECEMBER 7, 2007 12:20:00 PM MYT
Anonymous said...
The police under Umno will be relentless till the poor Indians renounce Hindraf, and beg Umno for forgiveness for demonstrating. Luckily the leader of Umno with all wisdom & humanity at heart will pardon all 31 of them 1 month before election.

I belived it's all a ploy of good cop & bad cop!
DECEMBER 7, 2007 12:24:00 PM MYT
Anonymous said...
These 31 peoples are hero and they need not to be shy.No need to hide your face.Show your face,we're here to give you our full suppot.They're answerable for all these injustice.Don't worry about your job or future.You're future are even brighter now.They don't realise that they're making the situation even worse now.Where is the justice?Do we have one?
DECEMBER 7, 2007 12:46:00 PM MYT
sam said...
Dear Mis,

I think the way AG and IGP conduct themselves and their authority (office) is bacoming a "joke". Are these people read any international news paper or they're living in "primitif" world believing that they're doing great job.
If any of them has been raised with good moral elements they should resign and go. It's obvious that they're not and they're putting the honorouable office in very dangerous position.
They're ill-advising the corrupted government and dening the fact that the whole world aware of descrimination and selectctive prosecution .

At of the day these 2 people AG n IGP putting the future generation in mess.
DECEMBER 7, 2007 12:49:00 PM MYT
Amir Izwan said...
Altantuya's murderer is still out there,
Noritta murderer is still out there,
Nurin's murderer is still out there,
many unresolved murder cases by our incompetent police,

but people who gather at peaceful rallies are rounded up for " attempted murder"

the courts are unfair, the government is unfair, the police is unfair,

Malaysia has failed all of us !!!
DECEMBER 7, 2007 12:50:00 PM MYT
Sharing said...
Attempted Murder??
It's a Joke!!
=============
Attempted Murder!
Must be planned, targeted
with weapon without joke!

Police trapped People in the Cave so police be murdered?
Police went into the Cave to get murdered?
People know the officer
so to plan and target him to be murdered?
Murder by crowds of 31 with bricks!!!!?
So, the office must have at least 31 wounds
or one wound by 31 bricks?

An officer known to almost no one
after teargas and water cannons
to shut people in their place of worship
with women and kids
a place "Private" to the police
come with a "Attempted Murder" to be plead.
An officer to be murdered
and not police ahead?
Without logic
it cannot stand and is a trick!!

Cause of Action: An officer get Hurt!
----

Did the Police planned with the Teargas and water Cannons?
Did the Police targeted People in the Crowd?
Did the police hurt many in the Crowd?
Are Police legal in the Cave to attack?
Or Police legal outside to attack People inside?

Similar Cause of Action: raised the counterclaim (unfortunately, the power is with the AG, isn't it?)

Otherwise, the Police involved should be prosecuted without bail as well!!

So a few hundred or thousand of Police have to be in jailed!!

STAND THE MIRROR TEST, IF JUDGE TO BE FAIR!!
Sent the patients to Hospital to test!
Sickness is not ruled by court but the Doctors!!

If I am the Judge
"nonsense" should throw towards AG instead!!
DECEMBER 7, 2007 1:01:00 PM MYT
ycg said...
I agree that this is done by the government to intimidate the HINDRAF supporters. Nevermind that the evidence is not convincing, nevermind that the argument does not hold water, nevermind that the NGOs are protesting against it, so long as they can prolong the suffering of these citizens and cause grivience to their loved ones, no matter what the outcome is, in 2-3 year time, they have already suceeded in warning the HINDRAF supporters and others alike not to protest against the government again!

Btw, what happened to Semi-value's hotline? and that he will compile a telephone book of griviences by the indian community to Abdullah? Has he abandoned the indian community?

on a lighter note, i will be taking a stroll down TAR road from Sogo to BAR Council building on 9/12/07 (Sun) 8 am. Oh..nothing much, just feel abit free and wanted to go for a morning walk. Hope you all can join me. a little exercise will do you good..=D. Hope to meet MIS at the BAR Council building, unless it's jam packed, in that case i will be outside the building, lining up for free food! =P Who's coming?
DECEMBER 7, 2007 1:23:00 PM MYT
Anonymous said...
Release the 31 innocent peoples immediately.Don't misuse the power that we gave you to protect us.
DECEMBER 7, 2007 1:33:00 PM MYT
Amir Izwan said...
if Tan Sri Mohd Rahmat wants to know what more the Indians need, he should ask Samy Vellu, he should ask thru the proper channels too.

If you ask through the media, then you should expect answers thru the media too.

Too used to double standards eh Rahmat ?
DECEMBER 7, 2007 1:58:00 PM MYT
justice said...
What else to say, everyone have express their concern over this issue. Whatever it is,just remember what our PM said after Bersih-'saya pantang di cabar.' He mean it to the people who supported him in the last GE don't he.Attempt to killing by AG? The world is watching and not everybody is stupid like our gov,police and AG. AG should be more concern about Pulau Batu Putih, not to some baseless cases just to treaten people.From here, I can see these people have no respect for our Rukun Negara, believe in GOD.Coz if u believe in GOD, you won't even attempt to do, this kind of cruel set and up punish the whole family.May GOD give extra bless to all the 31 people and give a lesson to those are cruel. Thank MIS for being fair and not being as one of them to attack HINDRAF with false allegations. Every angle is corrupted now.Time to do some house keeping in the next GE. Pls register your name and cast your vote for the people not to demons/devils who againts our GOD.
Lets make the change together. Lets be true Malaysia like wish by Dato Onn Bin Ja'afar and not Malay,Chinese or Indian. 50 years, just one nation in the world Map but not in the heart of people.
DECEMBER 7, 2007 3:59:00 PM MYT
Mr. Smith said...
Going by the AG's convoluted logic, every bus driver who steers his vehicle into a ravine or road diver and causes massive injury to his passengers should also be charged with attempted murder. If he is under the influence of alcohol, he should face the some charge.
But in our country the AG plays politics.
DECEMBER 7, 2007 4:00:00 PM MYT
Anonymous said...
Release the 31 innocent peoples immediately.Don't misuse the power .... what;s happening to our country??? It is gettingmore and more scary ... on how they use "their's" power ... vote out...
DECEMBER 7, 2007 4:11:00 PM MYT
Don'tPlayGod said...
UMNO is on the warpath and is showing the others(non-bumis.) who is boss. It was the police who first used teargas and water cannons, thus getting those Indians incensed and enraged. In the circumstatnces, who can blame them for retaliating? In fact, the police should be charged for assault.

But we all know that UMNO will not let the police take any blame. UMNO's star prosecutor, Ghani Patail has even been called to prosecute this case personally, just to ensure things go UMNO's way.
DECEMBER 7, 2007 4:19:00 PM MYT
rocky said...
Malik,

totally agree with you.

This is selective prosecution and the govt is showing how fair they are to the Indians. If they continue on this path, the govt is going to loose more support. But then maybe they will want this case to conclude early and then use the reaction of the Indians to cause some trouble so that they can use ISA etc.
DECEMBER 7, 2007 4:51:00 PM MYT
fletche said...
Unbelievable! digusted!Inhuman! Laggard! Beast!Heartless!Brainless!hipocrate! If we ask their God what have you done to them, He will definetly say they are demons.
DECEMBER 7, 2007 5:07:00 PM MYT
Sharing said...
A Sad Song for Peace!
To the 31 in Jail
when Police+AG+Court in one piece!

(Rhythms: from Where have all the flowers gone?)
http://www.youtube.com/watch?v=cLe9pJSRas0&feature=related
====================
Where have all the appeals gone?
Long time passing!
Where have all the memos gone?
Some time ago!
Where have all the Rallies gone?
Police teargas everywhere!
Did PM ever see?
Did PM ever see?

Where have all the police gone?
Gone to bully everyone!
Where have all the fairness gone?
Gone to greedy!
Where have all the money gone?
Gone to toll, tax, corruptions!
No one need to be told!
No one need to be told!

Where have all the MPs gone?
Gone to sleeping everyone!
Where have all the projects gone?
Gone to Samy!
Where have all the joking gone?
Gone to leaking everywhere!
Did PM ever know?
Did PM ever know?

Where have lost the ballots box?
EC chief knew nothing?
Where have all the tricks to be?
BN knows well!
Where have all the postal votes?
Gone to BN's pocket!
Did PM ever know?
Did PM ever know?

Where have all the People gone?
Gone to Rallies everyone!
Where have all the People gone?
Gone to Valley!
Where have all the People gone?
Talking grievance everyone!
So PM stays away
So PM stays away!

Why surveys one by one?
BN's way of swinging!
Why only survey done?
Their only way!
Why survey off the facts?
BN's tricks to overcome!
Hiding facts from everyone
Hiding facts from everyone!!
============================

MANY GRIEVES TO SING!
The original sang during Anti-war in U.S.
so for Peace this song wrote
and for Peace this song is repeated!!
The question is where the Grievances can go?
How many more to be abused?
when at least 31 Hindu in court
even for a peaceful walk in Batu Cave!

PM swing with surveys over facts
Just repeating "King in his new dress"!
People not in War
but to the walls!!
DECEMBER 7, 2007 5:07:00 PM MYT
Shocked said...
I did not believe in HINDRED all this while. Their accusations sounded wild and too way out to be true...

BUT... all I read and saw what happened to the 31 people ... God forbid ... I'm SURE, very very SURE, the Indians are indeed being Persecuted, bullied and denied their basic rights...
DECEMBER 7, 2007 5:27:00 PM MYT
Anonymous said...
It takes a revolution,
To make a solution,
Too much confusion,
So much frustration.

I don't wanna live in the dark,
Can't trust no shadows after dark,
So my friends,
I wish that you could see,
Like the bird in the tree,
The prisoners must be free.

Never make a politician,
Grant you a favour,
They would always want to,
Control you forever.
DECEMBER 7, 2007 5:52:00 PM MYT
Anonymous said...
One need not read HINDRAF's controversial memorandum here to see that what the government is doing is indeed proving HINDRAF correct in the eyes of the entire world.

I'll bet that some Indians watching all this unfold would feel like Jews in Nazi Germany right now. The only thing is that we don't need to wear Yellow Stars of David. Our skin colour gives us away.

Perhaps, some Indians watching this may now feel that it is now necessary to do our own Exodus and return to our ancestral homeland, the way the Jews did to theirs. http://www.youtube.com/watch?v=6uUDtDeLHGE. After all, we Malaysian Indians have been repeatedly told that if we don't like it here that we should return to India, even though we consider Malaysia our home. C'est la Vie.
DECEMBER 7, 2007 6:57:00 PM MYT
Anonymous said...
I believe none can be found guilty.

The purpose I think is more to put them in jail and mental torture which actually will be the the punishments.

If they are found not guilty is there any compensation?
DECEMBER 7, 2007 7:10:00 PM MYT
narather said...
Itis a cliche to say that I too cannot believe that I am living in Malaysia, the country for which I spent 30 years in uniform. Me and my colleagues were there against the CPM and during confrontasi and we never thought that we were fighting for a political party of an ethnic one. It is a shame and Samy Velu, if has an iota of conscience has to speak out for the 31 being charged or resign immediately.
DECEMBER 7, 2007 7:16:00 PM MYT
Anonymous said...
I think the gov should understand the ppl are now a lot smarter, we know whats right and wrong, I hope the gov stop playing games and get down to business of running the country of us. Also the so-call number one servant must understand the rakyat need ever if he is from another party or race. I think HINDRAF should meet the PM as a rakyat and should not need anyone's permission. This is not a political issue it should be a rakyat issue to the PM oops the number servant
DECEMBER 7, 2007 7:29:00 PM MYT
istupid said...
I don't understand. 31 people got together and threw one brick at a policeman? How could so many people grip the brick?
DECEMBER 7, 2007 10:50:00 PM MYT
incubus said...
The government's acts have lend credence to the claims made by Hindraf that they are victimised and bullied at every corner.

Gani Patail as usual appears from nowhere to 'take charge' of such a case. Making a fool outta himself as usual.

Just remember the world is watching!
DECEMBER 7, 2007 11:58:00 PM MYT
Scorpionstar said...
Evidently the charge is trumped up. The intention is to detain the accused for a long time thus the unbailable charge instead of ISA.

It is clear that the LAW IS ABUSED and the judicial system is biased. This is clearly double-standard, apartheid in nature and a form of ETHNIC CLEANSING undeniably. These kind of acts which happens to the Malaysian Indians is the main contributing factor for HINDRAF to champion for basic rights of a citizen. It's neither politicla nor racial as trumpeted by the government.

The are diverting from the real issue and fooling the citizens. Only the broad minded and intelligent one knows the motive of the rally.

http://scorpionmy.blogspot.com
DECEMBER 8, 2007 12:36:00 AM MYT
undergrad2 said...
Is selective prosecution a crime??
DECEMBER 8, 2007 1:12:00 AM MYT
suaramalaysia said...
If sciologists were to evaluate the Barisan controlled-media's turnspeak on Hidraf, it would be entitled "the lust to demonize." It is almost impossible to conduct a meaningful dialogue with a media bound by a Printing Act leash dangling around its neck. I am reminded of the statesman Dr Tan Chee khoon, he was one of the few who had the capacity to speak for the downtroden without fear or favor, and that was in an era where the media was not emasculated. Umno putras and their agents have conveniently camoflouged the whole March and dissent as an incidious racial issue, a volatile attempt to stir unrest in the country. It is a winding road often travelled, yet Malaysians are not as gullible as the establishment envisions it to be.

As you have rightly pointed out the Indians have been crushed for decades. The tarred roads they laboured over have almost become a reflection of their marginalisation, while others have long passed that road to acheive their dreams. For decades the community, their children and peoples continue to face the same cycle of poverty, discrimination and disenfranchisement.

The Indians have often stood with others in the cause of fighting against injustices, often to the point of losing the little fincances they have. They have often walked championing the cause of emancipation for other minorities while they lost their own priveleges, often at the expsense of their own lives. Invariably, when Indians stand up for their own plight, they stand alone.This predicament after five decades of oppression will not get them any standing ovation, other than continued “Police prison lock up mystery deaths” and a stoic establishment silence and refusal to prosecute those who perpetrated brutal killings of their families in slums such as Kampong Medan.

Selective journalism has been with us long before the oldest profession. And it does exhibit its “assets” for maximum appeal. It amuses me to varying degrees of hilarity and sorrow as to how far some would go to legitamize their prejudice and religous bigotry against Indians. Feeding off the crumbs of Umno Printing Press Act table can have an adverse effect on institutionalised loyalty and allegiance. Rice bowl journalism however does create a dependence that is hard to disenggage.

It is interesting to observe that none of the goverment-controlled media has dared to break ranks from the establishment leash to feature an independent non-biased interviewwith Uthayakumar. His view or version of the Hindraf march has instead been portrayed as one that is seditious and militant. The issue of multiple deaths of Indians in prison or the Kampong Medan killings has been deliberately concealed.

I have yet to see Rocky or any of the BN concubine media take Umno Youth keris waving jihadists to task for inciting racial or religous sentiment. The simple fact is that threats of ethnic cleansing by keris waving politician according to these media concubines are to be condoned, the less influential minorities with little economic clout must be coerced to apologize for using their voices, in other words, the marginalised Malaysian Indians is only qualified to be the nation's top candidate for the heaviest possible crush.

After all, are not the marginalised Malaysian Indians and other minorities not to smile and politely nod and sing praises to the goverment's ketuanan Melayu concept? We are being constantly lectured about the "intrinsic value" of ketuanan Melayu to the point any protest may result a quick confrontation from the boys at Kamunting. Perhaps it is a silencing we will ulitmately get used to? Umno Youth hopes and doa is that non-bumis embrace ketuanan Melayu just like a keris bathed in blood. Daulat bumi!

The legitimate issues brought up by Hindraf should not be eclipsed by selective journalism, nor Umno jihadist propaganda. As Malaysians witnessed, none of the goverment-controlled media dared to state how the Police and FRU bulldozed the Batu Caves temple and shot chemical-laced water jets and tear gas into captive crowds. After all, as far as the goverment-controlled media is concerned, the BBC and other foreign media are all united against Umno putras and on a conspisary to "fabricate" news of what happened on the Sunday March. How dare any institution challenge the almighty Barisan controlled-media!

The local Press went on a rampage to feature a tirade of fabricated “scoops” like the allegation that Hindraf members allegedly attacked an Indian restaurant in Brickfields(Paandi). Even in their retraction (when the restaurant owner himself exposed the blatant lies), the Star failed to print a retraction. Sri Paandi Restaurant boss Mr Thomas and Mr Kumar denies making any allegation against Hindraf or to indicate that they were responsible for an attack by thugs at his restaurant. Nevertheless, Tv1, Tv2, Tv3 or NTV7, Bernama and The Malay Mail quoted that he did. Such media control and manuevering by the Umno-controlled goverment rivals any coup de tat.

In my opinion, Indians of various religous background and persuasions will stand with Hindraf for the following reasons:

Firstly, Hindraf has a legitimate right to speak out against the systematic ethnic cleansing of poor and marginalised Indians that has manifested over the past three decades. There is irrefutable evidence of this in the aspect of multiple deaths or “Police related lock-up deaths” and the involment of goverment in carrying out such dastardly attacks. Uthayakumar himself has documented death threats against him and the destruction to his car and property in retaliation to his determination to defend Indians from these injustices.

Secondly, Indians of other religous and ethnic persuasions have witnessed similar violations against them, the destruction of churches and property including the demolition of crosses and statues in Christian schools and Convents and to the Orang Asli in the interior has been carried out systematically. There is documented evidence of these and other violations and the goverment must demonstrate sincerity in its claim to openess to executing justice for these oppressed groups.

Thirdly, the current MIC leadership has failed to bring economic, social or cultural emancipation to the community. There needs to be a new impetus and reformation in seeking development and breakthrough for the community.
The continued propaganda and demonization of Hindraf is counterproductive and serves only to promote the narrow racist policies of Umno and its Barisan agents. It is pivotal that other communities stand with Hindraf in their struggle liberate the Indian community from its captive status. When one chooses to remains silent when a minority is being crushed, it may reap silence when if falls on them.
DECEMBER 8, 2007 4:30:00 AM MYT
human said...
what? 31 to kill 1...? What about other police and security officers, what were they doing? Here we have a situation where 100 policemen clain they saw 'p'...1000other people assert they saw 'b' (look, you get 'p' if you invert 'b)...it was a Hindu auspicious day on that morning and it's usual for people to pray through early hours in the morning. Else, why would one go to Bt. Caves after 11 pm the day earlier?

ok, ok....

How about that police who insulted the faith of Hindus by saying why throw stones to us when you pray at it? I think Malaysians need more Pendidikan Moral and those going for Kelas Agama to practise what their faith actually demands from them....
DECEMBER 8, 2007 8:48:00 AM MYT
Anand said...
Malaysia need to be suspended from Commonwealth. This idiot AG should resign. Pak Lah ... you're counting your days .. we will make sure you're on permanent honeymoon with new wife from next year. Bye bye .. Malaysia.
DECEMBER 8, 2007 10:12:00 AM MYT
Anonymous said...
hmmm.... while i also thing 'causing hurt' is more appropriate, the memorandum itself is so ridiculous. indians are 8% of population. from my non-expert and layman eyes, looks to me like about 8% representation in jobs in klang valley. except law, which is more than 8%. and i can see temples everywhere, presumably these are the legal ones? and threatening a sri lanka? ppl, that jalan is suicide bombing. jews konon. pas supporters, keadilan members also kena the same treatment what, in court, kena tangkap, kena isa. same thing happens to hindraf, suddenly they are like jews pulak. i don't follow this logic. sorrylah. if you want more sympathy, be fair and acknowledge others before you who were also treated like this. but to do that, have to let go the only-hindus-are-denied-bail woe-is-me-how-my-race-is-a-victim attitude. nak tolong pun menyampah.
DECEMBER 8, 2007 10:14:00 AM MYT
Anonymous said...
bla..bla..bla...justice eh??
DECEMBER 8, 2007 10:17:00 AM MYT
yen said...
The nature of man is to express himself/herself be it in art,music,beauty or truth.When he/she is denied this right.He/she will always revolt until he/she is given the right to express himself.Divinity is the highest expression of man.It comes from the knowledge all are.You can kill a man by brutal force but never his ideas.Its will take form in righteousness minded people and sprout like wildfire till it becomes a tree and bear fruit for all to enjoy it.Sir you are blessed indeed.As long as there are ppl like you there is still hope.
DECEMBER 8, 2007 11:20:00 AM MYT
Anonymous said...
let's see... 31 against 1, armed with bricks too. What would the chance of survival be if murder was indeed intended?
DECEMBER 8, 2007 12:24:00 PM MYT
Anonymous said...
I used to be a fan of BN...not MIC, so I voted for BN. All these things happening around me, is so frustrating...so I lie back, disgusted that I have condoned such a government for such a long time. GOD, give me a chance to correct myself. GOD, I hope now, I am on your side.
DECEMBER 8, 2007 1:50:00 PM MYT
Don'tPlayGod said...
I believe that UMNO is making a mistake by charging the 31. Sure, UMNO is showing who is boss by doing so, but it can complicate things and make things worse in terms of race relations.

Granted that Hindraf made some unjustifiabe claims, etc. but UMNO can explain things easily if what Hindraf claimed is false. By explaining away and taking a soft approach, Hindraf may be made to "feel small and look like a fool". But no, UMNO wants to show who is boss, and who is in charge. Maybe even showing their power this way, and hoping that by such tough stands, others who plan to stage demonstrations/protests, may be put off.

Such methods by UMNO may turn out to be bad for the country, particularly for UMNO, not that that will worry me(bad for UMNO). But UMNO is more interested in power(retaining it) than any other consideration.

My suggestion is to free those detained with a stern warning, and call up those leaders to warn them, with the condition "that those caught again for a similar offence, will be detained, and charged for breaking the laws.
DECEMBER 8, 2007 10:27:00 PM MYT
Sharing said...
Going through photos such as those from Jeff Ooi' Minority Report Series http://www.jeffooi.com/2007/11/, there were a great number of plain-coat police doing the attack and arrest. Obviously there were no way of identifying whether they are police or not.

Should Police give identification of each and every one in the photo as witness to the case?

Thereby, the sort of violation of procedures, using unnecessary force and causing injury should be accounted.

Someone should help to centralize all these photo to help the case and possible counter suit!!

To Policewatch.com or else??
DECEMBER 8, 2007 10:48:00 PM MYT
"V" said...
The Murder Charge and Denial of Bail against the 31 indians is the ruling party ruthless tactics to provoke indians and cause a racial riot in the country,, in order to the get the malays to vote for govt and to use ISA against the opposition parties ... the ruling party is trying their best to provoke racial riot in the country.. remember how May 13 1969 was used to dispose of tunku abdul rahman...
is any party within ruling government is trying to stir racial riot to dispose Pak Lah within the Govt? either way.. ruling party get it their way..!
DECEMBER 8, 2007 11:04:00 PM MYT
InEffective said...
Let this be a durable reminder to all Malaysians that there is no accountability for police actions and behaviors.

If you happen to be amongst the excluded, any and all pressures can be willfully applied on you regardless of your legitimate grievances or circumstances. You effectively have no rights to defend yourself from being used, abused, pressurred, or coerced.

Outstanding accomplishments of law and order.
DECEMBER 8, 2007 11:56:00 PM MYT
Anonymous said...
Israel now knows what to do the next time a Palestinian kid throws a rock at one of their soldiers, thanks to Malaysia.

Malaysia, on its part, must not interfere with Israels internal affairs.

http://www.youtube.com/watch?v=Qdady_tPsHg
DECEMBER 9, 2007 2:51:00 PM MYT
Anonymous said...
Judges that allow this charge to go through and they want to arrest lawyers who want to clean up.

How can Badawi think that a true free Royal Commission is not needed.

Something Badawi should consider is this. Does he want others to do onto him what he does now. If he think its not possible, consider what they have done to Dr. M and he should think twice about not cleaning up the judiciary.
DECEMBER 11, 2007 11:32:00 AM MYT
Surind said...
Free them immediately!
DECEMBER 16, 2007 2:34:00 AM MYT
Anonymous said...
Is there a fund being set up to help the persecuted persons' families? Please do announce it in this and other blogs as I am sure many, including me, would like to contribute. Of course, got to have good trustees of the fund, if not we'll end up like our elected "trustees".
DECEMBER 16, 2007 6:46:00 AM MYT
http://malikimtiaz.blogspot.com/2007/12/free-31.html

PRESENT POINT POWER

THURSDAY, DECEMBER 06, 2007


MORE PICS & Anger – 25 + 6 Refused Bail; Hindraf Supporters Remanded in Sungai Buloh till Trial Date Jan 14 08; Woman Fainted & Hysterical
Latest UPDATE:December 07, 2007 19:45 PM
31 Hindraf Supporters Apply To Set Aside Denial Of Bail
SHAH ALAM, Dec 7 (Bernama) -- Thirty-one people believed to supporters of the unregistered Hindu Rights Action Force (Hindraf) today applied to revise and set aside yesterday's Sessions Court denial of bail to them over charges of causing mischief, attempted murder and illegal assembly in front of the Sri Subramaniar Temple in Batu Caves on Nov 25.
The notice was filed through Messrs G.K. Ganesan Saiful & Rokiah at the office of the Deputy Registrar of the High Court here. They claimed in the application, among other things, that the judge, Azimah Omar, had failed to give due consideration to the individual as well as general condition of the accused. They also claimed that the judge had also not taken into account whether all the accused were present or absent at the material time at the assembly. The applicants are seeking to be given bail. Yesterday, judge Azimah denied them bail, one of the reasons she cited being that the offences of causing mischief and attempted murder were non-bailable and that she had to consider also the character and standing of the accused and the danger of the accused repeating the offences
= == = == == = == = IGP Attack on HindrafDecember 06, 2007 20:29 PM
Hindraf Seeking Terrorist Groups' Help, Says IGP

KUALA LUMPUR, Dec 6 (Bernama) -- Inspector-General of Police Tan Sri Musa Hassan today made a startling revelation that the Hindu Rights Action Force (Hindraf), organiser of the Nov 25 illegal rally in Kuala Lumpur, is trying to solicit help and support from terrorist groups. In exposing their covert activities, Musa said: "Of late there have been indications that Hindraf is trying to seek support and help from terrorist groups." Based on police intelligence and monitoring of the Indian activist group's movements since July 28, he said they have been active in fanning racial sentiments among the Indian community by stirring up their anger and arousing hatred against the government. "Their actions are potentially explosive in sparking racial clashes," he said in a statement.
Musa said the unregistered body had also set up a fund by deceiving the people to fund their activities. Musa said Hindraf was helmed by six prime movers comprising five lawyers and a senior executive of a private company. He said Hindraf was persistently inflamming sensitive and dangerous sentiments through forums, distribution of books and leaflets, posting messages on websites and via short messaging service (SMS) to garner support from Indians. He also said they masterminded the opposition of a group of Indians against a local authority for demolishing Hindu temples built illegally and alleged that the demolition was exploiting the religious freedom in the country. "They also planned to use gangsters to block demolition of temples by local authorities in future," he said.
Musa said latest developments showed Hindraf leaders are lobbying for international support from India, Britain, the United States and the United Nations and European countries. "Hindraf is soliciting for external support by portraying a wrong picture on the actual position of Indians in this country to the foreign parties," he said. For instance, in the e-mail to British Prime Minister Gordon Brown, Hindraf had claimed there was "ethnic cleansing" in Malaysia. It alleged that Indians are being killed every day by the "Islamic extremist" Malaysian government. Musa said Hindraf's activities and ploys all these while have been very worrying to multiracial Malaysians. "The police are concerned over Hindraf's activities and will not hesitate to take harsh action to guarantee the nation's peace and security," he said.
Musa said Hindraf had made false, baseless and slanderous allegations that the government had marginalised the Indians, had deprived them of their rights in the economic and education fields and positions in the government to the extent that the community was backward even after 50 years of independence. The Inspector-General of Police said Hindraf had defied the law and went ahead to stage the Nov 25 Street protests because its real motive was to create chaos in the federal capital. "But instead they twisted the incident and accused the police of using force on their supporters. "They also cheated the Indians who attended the illegal gathering when they did not hand in the petition to the British High Commission despite having the opportunity to do so," he said.
Musa advised the people not to be deceived by the ploys and rumours spread through the Internet and SMSes by irresponsible elements to create anxiety and uneasiness to the people to worsen the situation. He said rumour mongers floating rumours and spreading false information are committing an offence under Section 23 of the Internal Security Act 1960, which carries a fine of not more than RM10,000 or a jail term of not more than three years or both, if convicted.
= == = == = = ==

ABOVE: The woman who went hysterical when when she learned her husband would be jailed until the Trial date on Jun 14 08 - for 5weeks
BELOW: The woman on hearing the bad news collapsed and fainted and had to be helped out

MORE PICS coming...
MORE PICS & Anger – 25 + 6 Refused Bail; Hindraf Supporters Remanded in Sungai Buloh till Trial Date Jan 14 08; Woman Fainted & Hysterical after Announcement
This site:powerpresent.blogspot.com- has been excluded from Mkini in Blogs in the Blogsearch http://blogsearch.google.com/blogsearch?hl=en&q=%2B
malaysiakini+-
A site that supplements its news is deemed unfit for its readers. Just Bookmark this Site (for faster access) instead of coming via Mkini in Blogs in Malaysiakini
ABOVE: Another angry man was telling the injustice and ranting
"“Listen very carefully, especially Utusan Malaysia, Listen. He came to my Deepavali Open House. That’s it. On the way to Gombak, they said block here block there. They stopped the car and arrested him. What the .. My nephew not joining Hindraf, that’s it”
= == == = == = == == = == =
ABOVE: Is she the lady Judge in this attire?
No bail for 31 accused; Llew-Ann Phang; theSUN

SHAH ALAM (Dec 6, 2007): The 31 people accused of attempted murder, causing mischief and taking part in a Nov 25 illegal assembly in Batu Caves organised by Hindraf were denied bail by the Shah Alam sessions court today.
The accused – aged between 18 and 54 – were charged with participating in the assembly by Hindraf, or the Hindu Rights Action Force, in front of the Sri Subramaniam temple between 1am and 8am. They were accosted by family members and friends in an emotional scene, after Judge Azimah Omar made the ruling, in which tears were shed and angry voices were raised. The accused and family members had waited three days to hear Azimah’s decision and were noticeably upset today. However, in delivering her decision, Azimah ruled that the offences were "undeniably serious". "The illegal gathering did not involve the accused only but the public at large and the problem is a national (one) – not just a (particular) religion or race," she said when disallowing bail. Azimah said the defence also provided vague descriptions and insufficient evidence of the health conditions of three accused – a kidney transplant and a hole-in-the-heart patient, and another who is hard-of-hearing. She said no law provided for bail to be considered for students nor were there grounds for consideration for those who claimed they were at the temple for reasons other than the Hindraf rally.

P. Uthayakumar told reporters
“But now this act today will further anger the Indians. As it is, they are already pushed to the walls and you try to push them beyond the walls”
Azimah also denied a request by defence counsel G.K. Ganesan for trial to start tomorrow which led another defence counsel, P. Uthayakumar (ABOVE, Right) , who is also Hindraf co-founder and legal adviser, to argue that the accused would be subjected to early punishment in jail. Azimah told Uthayakumar he could appeal her decision in the High Court but he continued arguing, to which the judge said: "I have already decided under the law. If you continue to do this, I will ask you to leave."

ABOVE: Lawyers briefing newsmen after the court hearing
When he tried arguing again, Azimah raised her voice slightly, saying: "Mr Uthayakumar, you better sit down and I will go through my diary to see the earliest date. Sit down!" When Attorney-General Tan Sri Abdul Gani Patail, who is leading the prosecution, agreed to Azimah’s suggestion for a later date, Uthayakumar accused him of being afraid to proceed. This led Abdul Gani to raise his voice at Uthayakumar: "Don’t talk without facts!" Azimah then said: "Mr Uthayakumar, don’t make me make an order to (cite you for contempt of court). Don’t be emotional. The court has been patient. I hope you will be patient." After negotiations, the trial date was finally fixed for between Jan 14 and 18.
Ganesan then told the court he would appeal the decision, to which Azimah replied: "You do whatever you need to do." Ganesan later told reporters the defence would immediately work towards the release of the 31 people, adding that he was "personally unhappy" with the decision. When contacted later, defence lawyer M. Manoharan said the appeal to the High Court would be made tomorrow.
= == == = == =
AFP: Malaysian court denies bail for 31 ethnic Indians
Thursday December 6, 2:16 PM
KUALA LUMPUR (AFP) - A Malaysian court Thursday denied bail to 31 ethnic Indians facing up to 20 years in jail for the attempted murder of a policeman during anti-discrimination protests last month. "We are not allowing bail," Sessions Court judge Azima Omar told a packed courtroom. "The offences committed by the accused are serious," she said. The judge said her decision to deny bail in the case -- which has heightened ethnic tensions in multicultural Malaysia -- was not racially motivated. "This involves national security and has nothing to do with race," she said. "The larger interest of public and national interest are at stake." The 31 are accused of wounding officer Dadi Abdul Rani during a demonstration at Batu Caves, the site of an important Hindu temple on the fringes of Kuala Lumpur, on the eve of a mass rally in the capital. At least 3,000 ethnic Indians gathered in the temple grounds on November 24, drawing a stiff response from police who used tear gas and water cannon todisperse the crowd and made 69 arrests.



More than 8,000 people gathered the following day to protest against discrimination by Muslim Malays, who dominate the population, and the crowd again faced tear gas and water cannons. The government brought in its top legal guns for the politically-charged court case, with Attorney General Abdul Gani Patail making submissions along with his head of prosecution Yusof Zainal Abiden. The top prosecutor rarely turns up for Sessions Court cases and his presence caused concern among defence lawyers who said the high-powered delegation could intimidate the court.
BELOW: The accused trooping in to court



The defence team said they would file an immediate appeal with the High Court. "We will try to secure bail so that they can be freed pending the trial and we will do everything possible to get them free," lawyer G.K. Ganesan told reporters. "I am personally unhappy with the court's decision." Family members who had thronged the courtroom expecting their relatives to be released were openly dismayed at the decision, and several cried openly. S. Viswanathan, 58, whose 18-year-old son S. Suresh was one of those detained, rejected the allegations.
ABOVE: The anxious parents of some of the children caught in this police exercise
"They are not criminals and my son has a hole in the heart, he was in the temple to pray, so this is very unfair," he said as tears streamed down his face. The accused will be held in jail until their trial begins on January 14. "All this shows that the government is underestimating the Indian anger," lawmaker M. Kulasegaran from the opposition Democratic Action Party said at the court. "They think by punishing this few (the protests) will fizzle out. It will not fizzle out," he said. Muslim Malays make up 60 percent of the population and control the political scene, while ethnic Chinese population at 26 percent are dominant in business. Malaysia's Indians, a minority with 8 percent of the population, complain they are marginalised and lack access to education and job opportunities
= == = == == == = == Bernama’s account
December 06, 2007 19:22 PM
Commotion Erupts After Hindraf Supporters Denied Bail

SHAH ALAM, Dec 6 (Bernama) -- A commotion erupted at the Sessions Court here today after the judge refused bail for 31 people, believed to be supporters of the Hindu Rights Action Force (Hindraf). Several family members cried openly, some expressed their anger and there was one who fainted. The ruckus in court forced the police to move in swiftly to bring back order. Outside the courtroom, the wife of an accused who was said to be suffering a kidney problem, screamed repeatedly.


"My husband is not a killer! Release my husband! I want to see the judge now because she is a woman so she surely understands my situation now. Since Nov 25, I have holding back tears because I thought my husband would be freed," she said.
All the 31 people are facing several charges including attempted murder on a police officer during an illegal assembly organised by the group in front of the Sri Subramaniar Temple in Batu Caves on Nov 25. Judge Azimah Omar denied them bail and listed out several reasons including the need to place public interest above the interests of all the accused. "We are not gangsters!" shouted a man in the court compound. A fight nearly broke out when a number of people uttered comments deemed offensive by the accused's family members. Order returned about half an hour later after the police and lawyers representing all the accused managed to calm the people down.
= == = == == = =the Day before

Another 5 charged with illegal gathering participation; R.Surenthira Kumar, theSUN





SHAH ALAM (Dec 5, 2007): Five more people were charged with taking part in an illegal gathering in a temple in Batu Caves as the court proceedings against 26 people arrested yesterday, proceeded here today. The 31 were hauled to court over their alleged participation in the assembly organised by the Hindu Rights Action Force (Hindraf), at the Sri Subramaniam temple in Batu Caves, between 1am and 8am, on Nov 25.

"There is more to come. The police are out looking for the rest," Attorney-General Tan Sri Abdul Gani (ABOVE) Patail told sessions court judge Azimah Omar who allowed the case of the five to be heard together with that of the 26. The 26 were charged with attempted murder, criminal damage to property, illegal assembly and rioting. The five men produced in court today were charged with illegal assembly, criminal damage to property and failing to comply with police order to disperse. The defence team, comprising more than 10 lawyers, returned today to argue on the bail application after the 26 were initially charged yesterday.

One of the leading lawyers in the team, G.K.Ganesan (ABOVE) raised five points of objection, saying:
> the threshold territorial jurisdiction was not complied with;
> the procedures adopted by the A-G's Chambers was not in line with the Criminal Procedure Code;
> facts in the charges were misleading and will occasion in the failure of justice;
> the Attorney-General cannot 'roll-up' or couple the charges; and
> the attempted murder charge is a serious breach of the constitutional rights under Article 11 of the Federal Constitution.
Ganesan told the judge this is the first time in the history of the country that an unlawful assembly has been charged with attempted murder.
"This is not a good thing. The Bar Council has great anxiety that future gatherings under Article 10, the right to assemble, will see this charge as an overt threat," said Ganesan.


He said the message sent to the people is that if one is to gather in a place of worship and an incident occurs whereby someone is injured, those attending the gathering might be charged with attempted murder. He called on the court to look into the matter seriously as those accused would have a difficulty in defending themselves against such charges. On the framing of the attempted murder charge, under Section 307 of the Penal Code, Ganesan said it was a very long charge, which alleged there was an intention by the accused to cause the death of a police personnel.
He said the charge does not specifically state the extent of injuries suffered by the personnel and who among the accused had that intention.
Ganesan appealed to the court to strike out the attempted murder charge due to the absence of specifying the details of the alleged offence.

Updated: 09:37PM Wed, 05 Dec 2007
= == = == =Background
Press Statement: Denial of bail to Hindraf supporters
There is little doubt that Article 145(3) confers upon the Attorney General a power exercisable in his discretion to institute proceedings for an offence. The power is a wide one and as in the case of any power, the wider it is, the greater is the onus to exercise it with proportionality and even-handedness. The Malaysian Bar is therefore shocked at the Attorney-General’s decision to prosecute 31 persons (who were allegedly involved in the illegal assembly), for attempted murder. The Malaysian Bar is further disappointed at the vigorous opposition by the Attorney-General to their bail application.
Their prosecution and denial of bail pending a trial, which may be years away means that persons who are innocent until proven guilty are denied their freedom. Surely, no fundamental right is more precious than the right to life and liberty enshrined in Article 5(1) of the Federal Constitution. There is an impression that the denial of bail is being used as a punitive measure against those charged. The Bar Council appeals to the authorities to exercise restraint in the treatment of our citizens who are exercising their constitutional rights. We do not condone physical violence against anyone including the police. Equally we do not condone violence to the spirit of the law that is there to protect all.
Ambiga Sreenevasan; President; Malaysian Bar; 6 December 2007
= == ===============for the latest post on
Review of Court’s Decision postponed; Lawyers want Revision be heard by Another Judge; PM & Chorus - Hindraf under scrutiny for imaginary external links?
Go H E R E


posted by multidimid at 10:57 PM
4 Comments:
Anonymous said...
Where is the justice?They need to answer for all these cruelty? Even a stupid person will know that this is a set up case to stop any future demonstration.
12:40 PM
Sharing said...
Attempted Murder??
It's a Joke!!
=============
Attempted Murder!
Must be planned, targeted
with weapon without joke!

Police trapped People in the Cave so police be murdered?
Police went into the Cave to get murdered?
People know the officer
so to plan and target him to be murdered?
Murder by crowds of 31 with bricks!!!!?
So, the office must have at least 31 wounds
or one wound by 31 bricks?

An officer known to almost no one
after teargas and water cannons
to shut people in their place of worship
with women and kids
a place "Private" to the police
come with a "Attempted Murder" to be plead.
An officer to be murdered
and not police ahead?
Without logic
it cannot stand and is a trick!!

Cause of Action: An officer get Hurt!
----

Did the Police planned with the Teargas and water Cannons?
Did the Police targeted People in the Crowd?
Did the police hurt many in the Crowd?
Are Police legal in the Cave to attack?
Or Police legal outside to attack People inside?

Similar Cause of Action: raised the counterclaim

(unfortunately, the power is with the AG, isn't it?)

Otherwise, the Police involved should be prosecuted without

bail as well!!

So a few hundred or thousand of Police have to be in jailed!!

STAND THE MIRROR TEST, IF JUDGE TO BE FAIR!!
Sent the patients to Hospital to test!
Sickness is not ruled by court but the Doctors!!

If I am the Judge
"nonsense" should throw towards AG instead!!
1:05 PM
Anonymous said...
"Azimah also denied a request by defence counsel G.K. Ganesan for trial to start tomorrow..."

This foolish woman might have unleashed something the whole nation will regret.
1:15 PM
Sharing said...
5 points of objections sound & clear.
Absence of specifics charge should disappeared.
Why AG proceeded and Judge insisted surely disgraced!
A way to tell how bully AG and the Judge??
So gone the Rules and Regulations
and so gone the Court!
So AG and Judge shred the Court!!

When such a bully be in court
shouldn't People fight outside the court?

Taking cruelty lifting justice
victims jailed
with judiciary shamed & jelled!

Where are their soul and Heart?
Or totally sold out?
11:48 AM
http://powerpresent.blogspot.com/2007/12/more-pics-anger-25-6-refused-bail.html