"Probe AG for ill-conceived attempted murder charge on 31 ethnic Indians"

"Probe AG for ill-conceived attempted murder charge on 31 Ethnic Indians"

http://kamal-talksmalaysia.blogspot.com/2007/12/probe-ag-for-ill-conceived-attempted.html

My comments as published in MALAYSIAKINI ONLINE today:

The 31 Hindraf protesters who were denied bail by the Shah Alam Magistrates' Court on the application of attorney-general Abdul Gani Patail clearly reflects how the Barisan Nasional government treats poor and weak rakyat.

It is very clear that these 31 protesters comprised of lorry drivers, students and labourers who merely wanted to participate in the peaceful assembly to support it and make the government realise that Indian Malaysians have been marginalised. Despite empty promises made at each election, they have faithfully voted the ruling party to power.

The fabricated charge of causing hurt to the police officer seems really absurd. The government and attorney-general has stooped so low in prosecuting these innocent people just to prove that they are strong, powerful and can do anything. From this episode, it is clear that there is no justice for the poor, ordinary rakyat. The rich and powerful can create any situation to cause harm to these poor souls.

Since meeting with Indian NGOs on Friday, Prime Minister Abdullah Ahmad Badawi has agreed to advise the attorney-general to review the case and drop all charges against these innocent victims.

It is very clear that the rakyat need to investigate the grounds on which the attorney-general himself had to attend to these simple matters. He has many capable assistants but chose to champion an unwanted cause himself and gave the wrong picture to the rakyat. The presiding judge must have been surprised by the presence of the AG and consented to the request out of fear of reprimand.

These poor 31 Hindraf protesters have been victims of this unjust system. There is no compensation for the ill-feelings and hatred these victims, their families and supporters have for our "crook" system.

http://charleshector.blogspot.com/2007/12/hindraf-31-ag-drops-attempted-murder.html
Monday, December 17, 2007
Hindraf 31: AG drops attempted murder charge....
So, someone threw a brick and 31 get charged for attempted murder...

If there had NOT "...written to him, disassociating themselves from the Hindu Rights Action Force (Hindraf) - which had organised the rally in Kuala Lumpur - and undertook to not participate in an illegal assembly again..." - would the charges be dropped.

If the Prime Minister had not urged him (the AG) ...would the charges be dropped.

In any event - if you do not yet know who threw the brick ....or whether you do have sufficient evidence --- you, the AG, should not have charged them with attempted murder....this is NOT fun and games - and persons were wrongfully denied their liberty... and family and friends were put to a lot of suffering... put yourself in the place of one of the 31 ----- and would you consider that it was JUST....

I believe that you should compensate the 31 somehow --- and apologize - your position is a noble position and its powers must be exercised sparingly and justly...MR A-G sir....

Hindraf 31: AG drops attempted murder charge
Soon Li Tsin | Dec 17, 07 12:41pm
Attorney-General Abdul Gani Patail today dropped the attempted murder charge against the 31 individuals - dubbed the Hindraf 31 - who had allegedly taken part in an illegal assembly and were also accused of causing severe injury to a policeman at the Batu Caves temple on Nov 25.

He also withdrew all charges against six others - five of them university students - while the remaining 25 pleaded guilty to charges including illegal assembly and causing mischief.
Shah Alam Sessions Court judge Nursinah Adzmi fixed bail at RM500, with one surety each, until she delivers sentence on Dec 27. They face up to five years in prison or a fine, or both, when they are sentenced next week.
Approached to comment on why the charges were dropped, Abdul Gani said it was difficult to pinpoint exactly who threw the brick that had injured officer Dadi Abdul Rani.

“I could be very strict but not this is not the time. This is not a goodwill gesture (to them). This is the fairest thing to do,” he said briefly.

He also said the 31 had written to him, disassociating themselves from the Hindu Rights Action Force (Hindraf) - which had organised the rally in Kuala Lumpur - and undertook to not participate in an illegal assembly again.

The Hindraf rally saw 30,000 disgruntled Indians taking to the streets of Kuala Lumpur. Police had used chemical-laced water and tear gas to disperse them.

Family-members present

Family members of the accused had initially gathered at the Shah Alam High Court as early as 9am, to hear the outcome of a bail revision hearing that had been postponed last Thursday.

Abdul Gani told justice Zaharah Ibrahim that lawyers for the accused had decided not to proceed with the revision, and the matter reverted to the Sessions Court.

The crowd of close to 150 then packed into Sessions judge Azimah Omar’s court and waited for an hour before they were informed that the judge was on leave.

The matter was transferred to Nursinah’s court. The crowd almost brought proceedings to a halt in the courtroom, while police tried to restore order.

With hardly any room to move, family members remained standing to catch a glimpse of the accused when they were brought into court. They had been detained in the Sungai Buloh prison for almost two weeks.
Relatives, who were in tears, managed to embrace some of them.

When the court adjourned, the crowd cheered as the 31 were released. Many family members were seen thanking lead defence counsel, GK Ganesan.
Plea bargain

Ganesan (right) told Malaysiakini that he was happy with the AG’s decision.

“The AG showed extreme compassion and understanding. The parents of the accused are all very grateful that the charges have been withdrawn,” he said.

He also affirmed that he had made representations for plea bargaining to the AG on behalf of his clients last Thursday, to have the attempted murder charge withdrawn.

“I wrote to the AG to state that my clients are sincerely remorseful and deeply regret the event. All they want to do is to go back to work and be reconciled with their families,” he added.

Another lawyer for the accused, A Sivanesan (left), ticked off MIC for seeking to take credit in the dropping of the attemped murder charges.
"(MIC leader S) Samy Vellu was misleading to make such statements. The representation was made by the lawyers, not MIC," he said.

S Ramash Kumar, 22, one of the students who was discharged, described his time in Sungai Buloh prison as “hell”.

“The treatment was bad, the food was bad. I just want to thank all the Indians for their support,” said the soft-spoken first-year civil engineering student of the Universiti Industri Selangor.

Vasanta Rao, a 19-year old student at a teacher's training college, was one of the five released unconditionally.

"I thank the government. I only went to the temple ... for prayers that day and was arrested. I'm now very happy to be free," he told reporters.

PM urged AG to drop charges

Prime Minister Abdullah Ahmad Badawi had earlier urged Abdul Gani to drop the murder attempt charges after appeals by family members.

But Opposition Leader Lim Kit Siang (right), who was present in court today, called for all the charges to be withdrawn.

"Although I welcome the dropping of the attempted murder charge against the 31, I'm disgusted that the attorney-general had not withdrawn all the charges against the other 26," he told AFP.

Abdullah said those detained were misled by ethnic Indian rights group Hindraf, who had organised the Nov 25 rally that drew at least 30,000 people to the streets of Kuala Lumpur.

Abdul Gani said most of the 31 accused had submitted affidavits saying they did not support Hindraf and many vowed not to take part in future illegal assemblies.

Meanwhile, MCA in a press statement released after the party's central committee meeting today welcomed the AG's decision to drop the attempted murder charges.

"The party reiterated its stand against illegal gatherings and street demonstrations and rejects accusations of Indian ethnic cleansing and unlawful demonstrations as well as attempts to use foreign governmental bodies to be involved in our domestic affairs.

"The prime minister has reaffirmed that he is the prime minister for all races and that he is committed to resolving problems and issues of the Malays, Chinese, Indians and others in this rapidly developing economy."
It said that the prime minister has a duty to to prevent any racial tensions from escalating.

"Under such difficult circumstances, the government was compelled to take stern actions including the use of ISA to maintain peace and stability."