Monday, December 17, 2007

MORE PICS – Samy Claims Credit - AG Dropped Attempted Murder Charge; 5 Walked Free, 25 pleaded Guilty 2 Charges - All disassociated from Hindraf

UPDATE from STAR; Tuesday December 18, 2007 -Samy & BN finally coming to the rescue of the Indians and taking credit for it? The lawyers are disputing this as they TOO have made representations.

Samy Vellu happy murder bid charge against 31 dropped

KUALA LUMPUR: MIC president Datuk Seri S. Samy Vellu has thanked Attorney-General Tan Sri Gani Patail for dropping the attempted murder charge against 31 people who were involved in the Hindraf illegal demonstration on Nov 25. “I am very happy the courts freed some of the detainees of all charges while bail was given to the other detainees,” he said in a statement. “He (Prime Minister Datuk Seri Abdullah Ahmad Badawi) has shown his caring nature and responsibility as a prime minister for all races,” he added.

Samy Vellu said the Barisan Nasional Government had shown sympathy towards the suffering and sadness of families of the detainees. “The Government wants them to return to society and continue with their daily life as responsible and law-abiding citizens,” he said. Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz welcomed the Attorney-General’s move to drop the charge against the protesters. “We are not against Indians or after their blood but we are against any extremist, regardless of race,” he said when met at the Parliament lobby yesterday. “They (protesters) have since come forward, and stated that they regretted their actions and would not participate in such activities in the future,” he said, adding that the Attorney-General had taken their appeals into consideration.

Several groups had appealed to the Attorney-General to drop the charge against the 31, who included students, farmers, drivers and odd-job workers. Their parents, too, made tearful appeals for their release, claiming their children joined the rally without realising the consequences, were misled by Hindraf and hoodwinked into believing it was for a worthy cause. Opposition Leader Lim Kit Siang also welcomed the Attorney-General’s move to drop the attempted murder charge but said he should have withdrawn all charges. He also called on the Attorney-General and the Inspector-General of Police Tan Sri Musa Hassan to substantiate or withdraw their allegations against Hindraf leaders of terrorist links.

= == = == = == == = =UPDATE: from wired news

Malaysia drops attempted murder charges against Indians

Monday December 17, 8:27 PM

KUALA LUMPUR (Reuters) - Malaysia has dropped charges of attempted murder against 26 ethnic Indians who took part in a huge protest against racial discrimination last month, their lawyer said on Monday. More than 10,000 ethnic Indians staged the minority community's biggest anti-government protest on Nov. 25, angered over policies they say prevent them from getting decent jobs or a good education for their children. Authorities dropped charges of attempting to kill a policeman during a clash at a Hindu temple after the 26 men agreed to plead guilty to three charges of illegal assembly, mischief and damaging property, the lawyer, G.K.Ganesan, told Reuters.

"This morning we met the attorney-general who said to me that he was prepared to drop the attempted murder charge," he said. The men, who had earlier pleaded not guilty to all four charges, were granted bail of 500 ringgit ($150) each and will return to court on December 27 for sentencing, Ganesan added. Jail terms ranging from six months to 5 years and fines running into several thousand ringgit are typical sentences set for the charges of illegal assembly and mischief, he said. "We have to appear with our clients in court on December 27 for the court to decide what kind of sentence ought to be passed," Ganesan said. Attempted murder carries a jail term of 20 years or life imprisonment. An opposition leader urged Malaysian authorities to drop all the charges against the men who had been denied bail on the grounds of national security. "The very fact that the attorney-general had to drop the charge of attempted murder is proof that he abused his powers ... in slapping them with such a serious charge when there is no basis or justification whatsoever," said Lim Kit Siang, head of the Chinese-dominated Democratic Action Party. Malaysia has taken a tough line against anti-government activists in recent weeks, which it says is necessary to maintain order before elections many believe will be called within the next few months

= == = == = ==Original Post Below

So is the AG acting on the advice of the PM or as directed?

The decision was as expected as the AG was like a puppet on a string that can be easily manipulated by the Government of the day. When the PM "asked" it can be taken as a directive and when Samy had also a hand in it when he met the AG, they have scored some brownie points against Hindraf.
So iIt was a “victory” of sort for Samy Vellu as he thanked the AG in a statement from dropping the attempted murder charges. Samy had met the AG a few days ago to convey the appeals to the AG from the Parents and obtained written undertakings that they have been misled and disassociated themselves from Hindraf.

The AG dropped the attempted murder charge against 31 Hindraf supporters who had taken part in a Rally. Five were students walked free when two other charges against them were also dropped. 25 others still faced the two charges for causing mischief and participating in an illegal assembly. They decided to plead guilty to the two charges at the Klang Session Court today. They were offered bail of RM500 each pending sentencing on Dec 27 07. They face up to five years in prison or a fine, or both, when they are sentenced next week. The 31 supporters were accused of gathering illegally and causing serious injury to the policeman at the Batu Caves temple on the early hours of the morning on Nov 25 2007. They have been in remand since Dec 4th after being denied bail for the attempted murder charge.

The AG said the attempted murder charge was dropped because it was difficult to pinpoint exactly the person who threw the brick that injured the policeman. He also said the 31 had written to him disassociating themselves from Hindraf.

But the one who escaped the ISA net P. Waytha Moorthy is now closely watch with the help of (Europol), (Aseanapol) and Interpol.according to the Deputy Minister Johari and treated like a criminal.
= == = == and late from Bernama,
New TWIST & SPIN - AG - 31 people charged with involvemen in illegal assembly & not for being FOLLOWERS of HINDRAF. "The charge is in accordance with law. All 31 had written to me deploring Hindraf & claimed they were not Hindraf members. Is this plea bargaining?

December 17, 2007 23:15 PM

31 Charged With Involvement In Illegal Rally, Not As Hindraf Followers

SHAH ALAM, Dec 17 (Bernama) -- Attorney-General Tan Sri Abdul Gani (ABOVE) Patail said 31 people would be charged with involvement in an illegal assembly and not for being followers of the Hindu Rights Action Force (Hindraf). "The charge is in accordance with the law. All 31 individuals involved had written to me deploring Hindraf and claimed that they were not Hindraf members.

They promised not to take part in any future illegal assembly. "The decision to withdraw the charges (for attempted murder of a police officer) was also fair as we could not ascertain who had thrown a stone that hit the victim," he said when met by reporters outside the Sessions Court here today. The court acquitted and discharged 31 people charged with attempting to murder a police officer during an illegal assembly organised by Hindraf in front of the Sri Subramaniam temple in Batu Caves, near here, on Nov 25

How did the "attempted murder" in Batu Caves came about? This is a possibility. ABOVE: The devotees were cornered when outside the temple grounds and were forced to hole up inside the temple grounds when they refused to disperse. BELOW: Then the fireworks started, hundreds of volleys of tear gas were fired into and inside the temple grounds.

BELOW: lighting up the night line of Batu Caves
BELOW: In shear anger of the choking gases, the devotees protested and lobbed of some pebbles in the direction from where the tear gases were fired. And these pebbles injured one of the policeman - and they called it "attempted Murder" And now the AG has admitted " we could not ascertain who had thrown a stone that hit the victim" and now dropped the charges as they are no longer "followers of the Hindu Rights Action Force (Hindraf)". You can see how flexible the AG can be when it comes to charging people!
= = == ==

A-G drops attempted murder charges on Hindraf 31; Llew-Ann Phang, the SUN

SHAH ALAM (Dec 17, 2007): The Attorney-General (A-G) in the sessions court here today dropped the attempted murder charges against the 31 accused who allegedly committed the offence and wounded a police officer in a gathering linked to the Hindu Rights Action Force (Hindraf) on Nov 25.
ABOVE & BELOW: the innocent ones caught in the cross fire
More pics coming

However, 25 of them pleaded guilty to the remaining two charges of causing mischief and participating in an illegal assembly at between 1am and 8am in front of the Sri Subramaniam temple in Batu Caves. One man – G. Suman – will face these two charges with 87 others in the Selayang sessions court where he was charged on Nov 29. Out of the 31 accused, five students aged between 19 and 23, were acquitted and discharged after A-G Tan Sri Abdul Gani Patail told sessions court judge Nursinah Adzim he was withdrawing all three charges against them. Nursinah granted bail of RM500 with one surety each, and set Dec 27 for the sentencing.ABOVE: The AG had to back down under orders

"We can't pinpoint exactly who did it or rather who was the one who threw the large brick ... at the person who was badly injured ...," Abdul Gani told reporters. "I could be very strict [in sticking with the original attempted murder charge] but I didn't think it's the time to be strict," he was quoted as saying by AFP."I made the decision in the public interest and this was the best course of action".
Abdul Gani also 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.

The courtroom was packed with some 200 family members, friends and Hindraf supporters (ABOVE) , who were there to lend support to the 31 whom they have not seen in almost two weeks since the detention. There was a sense of relief among the family members and some of the women shed tears when the accused were brought in. The family members also anointed the foreheads of the 31 men – aged between 18 and 54 – with vibuthi (holy ash). The 31 accused were brought to the sessions court after defence counsel Ragunath Kesavan, at the High Court, informed Justice Datuk Zaharah Ibrahim they were withdrawing the application for a review of her decision on Dec 6 to deny them bail. Last Saturday (Dec 15), Prime Minister Datuk Seri Abdullah Ahmad Badawi said he sympathised with the 31 men. According to news reports, he said he had asked Abdul Gani to consider their parents’ pleas as the men were misled by Hindraf.

ABOVE: The defense team for the 31
Another defence counsel A. Sivanesan said the team was not "absolutely happy" with the changes to the charges as the charges of participating in an illegal assembly and causing mischief still hovered over the 26 men. He said their family members had decided to plead guilty and the team was hoping for a lenient sentence. "Most of them are first time offenders and we will ask for a minimum sentence without prison or fine. "Instead, we will ask for a bind-over on them, which is a good behaviour bond under police supervision lasting a year," he told reporters. Sivanesan added that the team had discussed with Abdul Gani to ensure a similar lenient outcome for those facing both charges in the Selayang sessions court.

Ramesh Kumar Shanmugam - 22 (civil engineering student at Universiti Tun Hussein Onn);Thinagaranpillay Kanasi - 23 (motor engineering student at Universiti Teknologi Malaysia, Johor Baru); Thiyagarajan Letchemandi - 31 (correspondence student of University of Leicester); Mugilan Dever Shanmugam - 20 (electronic engineering student at Politeknik Sultan Salehuddin Abdul Aziz); Vasantarao Appalasamy - 19 (student at Temenggung Ibrahim Teachers' College, Johore Baru= == = =

December 17, 2007 13:50 PM

31 Demonstrators Acquitted And Discharged Of Attempted Murder


ABOVE & BELOW: the innocent ones caught in the cross fire

SHAH ALAM, Dec 17 (Bernama) -- The Sessions Court here today acquitted and discharged 31 people charged with attempting to murder a police officer during an illegal assembly organised by the Hindu Rights Action Force (Hindraf) in front of the Sri Subramaniar temple in Batu Caves, near here, on Nov 25. Judge Nursinah Adzmi made the decision after allowing the application by Attorney-General Tan Sri Abdul Gani Patail to withdraw the charges against them. Prior to this, all the 31 claimed trial to a number of charges, including attempted murder under Section 149/307 of the Penal Code. However, out of the 31, only six including five college students were acquitted and discharged of all charges while the rest are still facing other charges.


The six are L. Thiyagarajan, 31, K. Thinagaranpillay, 23, A. Vasantarao, 19, S. Ramesh Kumar, 22, S. Mugilan Dever, 20, and G. Suman, 20. Of the remaining 25, 16 changed their plea to guilty to the charge of causing damage to seven cars and two gates of the temple under Section 149/440 of the Penal Code. Eight of the 25 also changed their plea to being in an illegal assembly under Section 27 (5) (a) of the Police Act 1967 while another accused, to an alternative charge of displaying criminal force to put fear into the police officers during the illegal assembly.

ABOVE: The cheerful ones in the face of difficulties.

During the court proceeding which ended at 1pm, the judge fixed Dec 27 to hear the facts of the cases and for sentencing. Nursinah also allowed them to be freed on bail of RM500 each in one surety. The decision brought relief to their families who filled the courtroom since morning. Lawyer, K. Ragunath on behalf of the defence, thanked the court and Attorney-General for dropping the attempted murder charges on all the accused and to acquit and free the five students of all charges.

ABOVE & BELOW: Transported from Sungai Buluh to Klang on Police truck (converted with seats)

= = == == = == = == = and Johari still on a witch hunt using all the pol

December 17, 2007 18:54 PM
Police To Monitor Group's Activities Abroad

KUCHING, Dec 17 (Bernama) -- Malaysian police, in collaboration with international law enforcement agencies, will continue to monitor the overseas activities of the group which was behind the illegal assemblies

in Kuala Lumpur last month. Deputy Internal Security Minister Datuk Mohd Johari Baharom said the agencies were the European Law Enforcement Organisation (Europol), Asean police (Aseanapol) and Interpol. Commenting on reports of attempts by one of the leaders of the group, P. Waytha Moorthy, to garner support abroad, he said: They are not only monitoring the group, but everything."
He said the Malaysian police's good ties with international law enforcement agencies would enable the force to obtain more information on crime activities abroad. He was speaking to reporters after closing a state-level seminar on mobilising civil societies against drug abuse, here today. On Dec 13, five organisers of the illegal assemblies were detained under the Internal Security Act (ISA). They are P. Uthayakumar, 46, M. Manoharan, 46, R. Kenghadharan, 40, V. Ganabatirau, 34, and T. Vasantha Kumar, 34. On Malaysians involved in international drug trafficking, Johari said so far, there were 30 Malaysians being detained abroad for drug offences. Some of those arrested were "victims" of syndicates which used them as couriers to smuggle drugs abroad, he said.

"These victims were duped into carrying drugs by the syndicates who offered inducements such as free overseas trips," he said, adding that there were also syndicates using students as "agents" to deliver drugs overseas. Johari said most of the victims were those who obtained their passports just two or three days prior to their departure or those going overseas for the first time.
= == == = == ==

2 Comments:

Anonymous Dato Good Blackfellow said...

The National Front and Racial Polarisation
The National Front is sometimes seen as one of the main cause on why the multiracial society remain unintegrated. The racial based party coliation is the core to the other racial based organisation in the country. Racial based societies are even encouraged at school levels.

Though the UMNO (United Malay National Organisation) led National Front coliation implemented various projects and activities at all levels to strengthen racial integration but as long as racial politics are practiced in Malaysia, there does not seem any real inspiration within the society towards real integration.

The ultimate barrier from forming a single party to replace the coalition certainly is the Bumiputera (son of the soil or generally Malays) special rights which being strongly upheld by UMNO even after strong opposition by the non-Bumiputeras (mainly Chinese and Indian). This recently intensified after a government agency recently published a statistic which showed the Bumiputera have achieved the initial 30% economic equity target in the country as outlined in the first New Economic Policy (DEB) in 1971.

The National Front has been the government since the British granted Malaysia independence from British Colonial rule. However, it would appear that any move to dissolve the coalition to form a single party remains at the present time a very difficult task due to strong racial divides in the party system, which is reflective of the general sentiment of Malaysian society.


[edit] Notes and references
^ Rachagan, S. Sothi (1993). Law and the Electoral Process in Malaysia, p. 12. Kuala Lumpur: University of Malaya Press. ISBN 967-9940-45-4.
^ Rachagan, p. 21.

[edit] Other references
Chok, Suat Ling (Oct. 4, 2005). "MPs in the dock". New Straits Times, p. 1, 6.
Chin, James. 2002. Malaysia: The Barisan National Supremacy. In David Newman & John Fuh-sheng Hsieh (eds), How Asia Votes, pp. 210�233. New York: Chatham House, Seven Bridges Press. ISBN 1-889119-41-5.
Pillai, M.G.G. (Nov. 3, 2005). "National Front parties were not formed to fight for Malaysian independence". Malaysia Today.

1:24 AM  
Anonymous bob the builder said...

so now samy's the hero?

1:02 PM  

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