MORE PICS & Anger – 25 + 6 Refused Bail; Hindraf Supporters Remanded in Sungai Buloh till Trial Date Jan 14 08; Woman Fainted & Hysterical
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 Hindraf
Hindraf Seeking Terrorist Groups' Help, Says IGP
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
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.
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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
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"“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”No bail for 31 accused; Llew-Ann Phang; theSUN
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ABOVE: Is she the lady Judge in this attire?
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 and . 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.
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AFP: Malaysian court denies bail for 31 ethnic Indians
Thursday December 6,
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
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.
= == = == == == = == Bernama’s account
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.
= == = == == = =the Day before Another 5 charged with illegal gathering participation; R.Surenthira Kumar, theSUN
"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
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
"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.
= == = == =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;
Review of Court’s Decision postponed; Lawyers want Revision be heard by Another Judge; PM & Chorus - Hindraf under scrutiny for imaginary external links?