Wednesday, December 05, 2007

MORE PICS – 26 Hindraf Supporters Charged - Non-Bailable Offences Held in Police Custody; Attorney-General led Prosecution against 17 Defence Lawyers

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R.Surenthira Kumar, tehSUN




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

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2007/12/05

Hindraf rally: 26 charged with attempted murder for attack on cop

By : A. Hafiz Yatim and V. Shankar Ganesh, NST

ABOVE & BELOW: the crowd of 26 being taken back for Police Custody at the end of the day

SHAH ALAM: In the strongest move yet against supporters of the Hindu Rights Action Front (Hindraf), 26 of them were yesterday charged with attempted murder. This comes a week after they were charged with illegal assembly and rioting at the Selayang court. All the accused, between the ages of 18 and 45, were picked up by the police from their homes in the Klang Valley and Perak, as early as 2am yesterday.

Below Colorful Batu Cave entrance on the morning of Nov 25 07

They were brought to the Shah Alam Sessions Court yesterday at 3.20pm in two police lorries. Out of the 26, 10 were also charged with illegal assembly. Attorney-General Tan Sri Abdul Gani Patail led the prosecution. Also in the team was the head of prosecution in the A-G's Chambers, Datuk Yusof Zainal Abiden. All 26 were jointly charged with using criminal force against a policeman, Dedi Abd Rani. They were also charged with causing disturbances by damaging seven vehicles - two Proton Wiras(see BELOW), Proton Waja, Kia Pregio, Perodua Rusa, Toyota Hiace and Rover Defender.

Both offences took place in front of the Sri Subramaniam temple at Jalan Besar, Batu Caves, between 1am and 8am on Nov 25, 2007. The 26 were said to be part of an illegal assembly which was waiting to join up with other Hindraf supporters at a rally later in the day at Jalan Ampang. For the charge of attempted murder, the accused face a maximum 20 years' jail with fine, while for charge of causing mischief, they face a jail sentence not more than five years and a fine if convicted. All claimed trial to the charges.

ABOVE: the stone that went inside the parked car and BELOW: The side windscreen that was smashed (RM60 replacement) RM40 labour cost to repair

They were represented by a team of 17 lawyers led by G.K. Ganesan and M. Manoharan from the Bar Council. Manoharan also informed the court that none of the 26 accused was given food or drink when the police picked them up from their homes. There was also a shouting match during proceedings when Manoharan submitted the attendance of Abdul Gani may intimidate Sessions Court judge Azimah Omar who was hearing the case. Abdul Gani said the defence should not make this an issue and also not insinuate that race was an issue.

Azimah assured Manoharan she was undaunted by Abdul Gani's presence and that she was only interested in seeing that justice was done. Abdul Gani objected to bail as the offence for attempted murder and causing mischief were non-bailable. Ganesan said the defence was not prepared to submit on the issue of bail and asked that the matter be heard today. Manoharan pointed out that there were irregularities to the charges framed by the prosecution, but was unprepared to submit on the matter and asked for a postponement. Azimah allowed the matter to be heard today while the accused remain under detention.

Before proceedings ended, there was a tiff among the defence lawyers when P. Uthayakumar (legal adviser to Hindraf) told the court that the charges were malicious and that the Indian community was being persecuted while no such treatment was dished out to supporters of the coalition for clean and fair elections, known as Bersih. Supporters of Bersih held a rally on Nov 10 before presenting a memorandum to the Yang di-Pertuan Agong. At this juncture, lawyer Jaspal Singh, stood up and told the court that he did not agree with Uthayakumar's argument and he was discharging himself from this case. He alleged that Uthayakumar was causing more problems for all 26 accused. Jaspal left the court room followed by counsel Suraj Singh and Jaya Murugan. Outside court, a Light Strike Force team was on standby as there was a large crowd of family members and friends who were denied entry.
No untoward incidents were reported.
The accused:
• S. Ganishen, 39
• K. Raju, 45
• A.R. Sakthivel, 34
• K. Ganapathy, 38
• R.K. Sukumaran, 24
• S. Kumaran, 23
• B. Varatharaju, 32
• M. Kuna Sekaran, 24
• V. Ganeson, 40
• L. Thiyagarajan, 33
• S. Gunaa, 21
• K. Thinagaranpillay, 23
• N. Balamohan, 23
• K. Gopinath, 27
• M.R. Suresh, 24
• M.K. Suman, 20
• M. Buwenthiran, 24
• M. Pushparathan, 21
• S. Tamil Arasu, 26
• N. Ramasamy, 43
• S. Ramesh Kumar, 22
• R. Puspanathan, 19
• S. Mugilan Dever, 20
• G. Thinesh Kumar, 19
• T. Kunalan, 38
• S. Sures, 18

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Wednesday December 5, 2007; STAR

Prosecution and defence teams trade words during tense proceedings

SHAH ALAM: It was a dramatic start to the trial of 26 people alleged to be Hindu Rights Action Force (Hindraf) supporters in a packed and heavily-guarded Sessions Court (ABOVE) here yesterday as a high-powered prosecution team crossed swords with a huge group of defence lawyers. The suspects, detained by police in Batu Caves on Nov 25, claimed trial to various charges including taking part in an illegal assembly and causing damage to public property during the tense proceedings tinged with racial overtones.
# They were also charged with using criminal force on a policeman with intent to cause death.

# Attorney-General Tan Sri Abdul Ghani Patail (ABOVE, explainin to a lawyer) himself led the prosecution team.

# Seventeen lawyers (ABOVE, 4 of them shown) appeared for the defence.
# Three volunteer lawyers from the Bar Council for the defence discharged themselves after one of them, Rajpal Singh, disagreed with Hindraf lawyer P. Uthayakumar’s racial slant.
# Judge Azimah Omar told the defence lawyers not to be emotional.

= = ==

Wednesday December 5, 2007; By WANI MUTHIAH; STAR
Batu Caves illegal assembly case sees A-G laying charges

SHAH ALAM: Attorney-General Tan Sri Abdul Ghani Patail made a personal appearance at the Sessions Court here to lay charges against 26 people who allegedly took part in an illegal gathering at the Sri Subramaniar Temple in Batu Caves on Nov 25. One of the charges was participation in an illegal assembly which led to an attempted murder.


The high-powered prosecution team comprised Abdul Ghani, A-G’s Chambers’ prosecution head Datuk Yusof Zainal Abiden and Selangor prosecution chief Nik Suhaimi Nik Sulaiman. The 26 were charged with being in an illegal assembly and using criminal force on policeman Dadi Abdul Rani with the intent of causing death, under Section 149 of the Penal Code that was punishable under Section 307 of the same code.


They were also charged with participating in an illegal assembly and causing damage to public property. Both are non-bailable charges. Ten of them claimed trial to a main charge under Section 27 (5) of the Police Act 1967 and an alternative charge under Section 143 of the Penal Code for taking part in an illegal assembly.

A drama started at the outset of the proceedings when three volunteer lawyers from the Bar Council discharged themselves after one of them had a fallout with Hindu Rights Action Force (Hindraf) lawyer P. Uthayakumar.



Later, Abdul Ghani said the accused were all charged under non-bailable charges and that Judge Azimah Omar had to hear all arguments before using her discretion to allow them bail. Azimah agreed and adjourned the case to today and ordered the accused to be held in police custody.


She said she would not use her discretionary powers to release the accused on bail without hearing to the arguments of both sides.

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Wednesday December 5, 2007; STAR
No letter from police so Bersih 10 fail to show up

KUALA LUMPUR: The 10 people who were told by the police to appear at the magistrate’s court yesterday to be charged with taking part in the Nov 10 Bersih gathering did not turn up. They did not have letters instructing them to do so, said one of their lawyers. Zulqarnain Lukman, who is one of the coordinating lawyers, said that the 10 only received phone calls from an ASP Yahya from the Dang Wangi police station telling them to show up. “But it was just phone calls and nothing in black and white,” he said. Zulqarnain said that their police bail, however, expires only on Dec 10. “The police called to speed up the date and asked the 10 to come to court (yesterday). But this was only verbal so it depends on what their lawyers’ advise them to do,” he added.

There are two to three other lawyers acting for the 10 men, he said. “I was on standby today by the phone. If one of them had shown up at the court, I would have gone there but none did,” he added. Zulqarnain said he had been in touch with the chairman of the PAS legal bureau, Haniffa Mydin, who told him that from past experience with illegal gatherings, if the accused did not show up in court, the police would then issue a warrant of arrest. Most of the 10 were said to be PAS members from the unit amal and were responsible for managing the crowd during the Nov 10 gathering that did not have a police permit.
Tuesday December 4, 2007

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Bersih 10 set to be charged
By SHAHANAAZ HABIB
KUALA LUMPUR: Ten people who took part in the Nov 10 Bersih gathering in the capital have been told to appear in the magistrate’s court today as they are going to be charged. Bersih steering committee member R. Sivarasa, who is also a lawyer, said the exact details of the charge were not known but it has to do with the Nov 10 gathering. He said they could be charged under the Police Act or for illegal assembly. “Malaysia should respect the right of freedom of peaceful assembly. “This (the charge) poses a threat to that right and will not go down well internationally or nationally,” he added. Sivarasa, who is also a Parti Keadilan Rakyat (PKR) vice-president, stressed that charging the 10 would have no impact on Bersih’s campaign. “We will continue our activities until free and fair elections are held,” he said. Lawyer Latheefa Koya, who is also from PKR, said the investigating officer had called up the 10 individuals on Sunday and told them

= == = coming next post, Dec 06 07

MORE PICS & Anger – 25 + 6 Refused Bail; Hindraf Supporters Remanded in Sungai Buloh till Trial Date Jan 14 08; Woman Fainted & Hysterical after Announcement


3 Comments:

Anonymous Anonymous said...

Once there was a DP Vijendran defended the Indian in Kerling case. Wonder why this people are silent nowadays?

9:30 PM  
Anonymous Anonymous said...

what non bailable offence? Even the one charged with murder got bail. Remember Balwant Singh...opps I missed his titled datuk

9:33 PM  
Blogger Crankshaft said...

We are BEYOND boleh!! Heck, this mythical policeman with the few miserable stitches on his head from being attacked with bricks and iron pipes is DA BOMB!!! I wanna meet him!! I wanna shake his hand!! I wanna get his autograph!!

He makes triple-H look like a wuss. The Rock is a sissy next to him. Cena is a ninny. Stone Cold is a wimp. They could never take on 26 guys all at one time.

Not our cop. He must be one heck of a tough dude. Imagine being able to fight off 26 guys who were hell-bent on murdering him and living to tell the tale.

Not one, not two, but twenty-freaking-six men!!!

The government is phenomenally stupid but no one ever says anything.

3:01 PM  

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