Saturday, December 08, 2007

Review of Court’s Decision postponed; Lawyers want Revision be heard by Another Judge; PM & Chorus - Hindraf scrutinised - external links with Whom?

Malaysiakini has adopted a new main page look!ABOVE & BELOW: The lawyers want a new Judge to hear the Revision case

The Shah Alam high Court today granted the defense counsel for the Hindraf leaders to adjourn to Dec 10, Monday the representation to the judgment made by the Klang session court to discharge the respondents. Judicial Commissioner Abang Iskandar Abang Hashim granted them the adjournment to give them more time to prepare the submission on the application by the AG to revise the session court judges ruling
ABOVE & BELOW: The supporters

The three were represented by 6 lawyers. The three were charged under the seditious act in the Klang Session Court on Nov 23 07 and was given a discharge not amounting to acquittal.

When the lead singer gives the signal, the chorus follows in condemning Hindraf activities and imaginary ones. On the suspicions of the memo, more spices are added in to cook up the external linkages theories. As the AG has said it was based on someone’s police report. They have nothing yet and only started the investigations.

That SIL [Khairy Jamaluddin(ABOVE) must be talking through the roof (see Bottom report) when he declared

"recent developments in the country even showed opportunities had improved ?????????????? for the non-Malays in the government service."

Then the component parties started to sing. That MCA Ah Kiow Deputy mentioned as if the link is already established and said the “seeking support is an act of desperation” . MCA church mouse Ong K T's brother Ong K C and MIC Sothinathan on cue came in. And of course the well orchestrated DAMAI NGOs that cause the SMS scarce (about Kampong Baru) voiced their support.

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Friday December 7, 2007; MYT 9:04:21 PM ; STAR

Hindraf trio's lawyers want judge to withdraw
SHAH ALAM: Lawyers representing three Hindu Rights Action Force (Hindraf) leaders involved in a criminal revision case want presiding judge Judicial Commissioner Abang Iskandar Abang Hashim to discharge himself from hearing the matter. Abang Iskandar, they say, had worked directly under Attorney General (AG) Tan Sri Abdul Gani Patail prior to becoming a Judicial Commissioner. The Attorney General’s Chambers had applied to review the
Klang Sessions Court’s decision to discharge Hindraf chief P. Waythamoorthy, legal advisers P. Uthayakumar and V. Ganabatirau from a sedition charge on Nov 26. The trio had been charged under the Sedition Act for allegedly uttering words to incite hatred in their speeches at a gathering in Batang Berjuntai on Nov 16. Lawyers representing the three conveyed the request via a letter sent to Chief Justice Datuk Abdul Hamid Mohamad.

The letter also asked that the revision be heard by another judge, preferably a Court of Appeal judge. During the proceedings, counsel M. Manoharan (ABOVE, right, with P. Uthayakumar ) requested an adjournment of the hearing pending a reply and directions from the Chief Justice. Counsel A. Sri Murugan, who was assisting Manoharan, also asked the court why the AG’s Chambers had to seek a review of the Klang Session Court’s decision instead of just framing a new charge and recharging the trio. Manoharan also said the entire defence team had been working very hard preparing for another case involving the bail application for 31 detained Hindraf supporters and needed more time to prepare for the review. Apart from Manoharan and Sri Murugan, the defence also comprised G.K Ganesan, A. Sivanesan, Teng Chang Khim, and Umisalamah Abdul Latif. In his mitigation, Abdul Gani said Abang Iskandar was completely independent of anyone including the Chief Justice.

ABOVE: Counsel M. Manoharan with P. Uthayakumar and V. Ganabatirau

Abang Iskandar adjourned the case to Monday to give the defence more time to prepare for the review and stressed that the adjournment was not given pending a reply from the Chief Justice. Meanwhile, the solicitors representing the 31 Hindraf supporters denied bail by the Sessions Court here on Thursday applied for a revision of the court’s decision. The defence team also filed an appeal against the decision, which was made by Sessions Court judge Azimah Omar. Counsel G.K Ganesan filed both applications at the High Court criminal division registry here Friday.

ABOVE: Counsel M. Manoharan mobbed by supporters as he emerged from the Courtroom and BELOW with other Hindraf leaders

The 31 men, aged between 18 and 45, were charged with attempted murder, causing mischief and participating in an illegal assembly in front of the Batu Caves Sri Subramaniam Temple between 1am and 8am on Nov 25. In delivering her decision, Azimah said she had considered the severity of the offences and the issue of national security in making the ruling.


The defence team, in challenging the Session Court’s decision, stated that the judge had failed to exercise her discretion, had exercised her discretion “wrongly and that there was error on the face of the record.” The application also called the High Court to exercise its power granted under Section 323 and 327 of the Criminal Procedure Code to set aside Azimah’s decision and grant bail to the accused.
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December 07, 2007 21:39 PM

PM Orders Police To Closely Monitor Hindraf's Activities
BATU PAHAT, Dec 7 (Bernama) -- Datuk Seri Abdullah Ahmad Bahawi has ordered the police to keep a close watch on Hindu Rights Action Force's (Hindraf) activities, including its alleged links to international terrorist groups.

"I've asked the Inspector-General of Police (Tan Sri Musa Hassan) to monitor the group closely," the prime minister told reporters after opening the Johor Small and Medium Enterprises Exposition here today. Yesterday, Musa said there were signs that Hindraf had been canvassing for support and assistance from terrorist groups. According to the IGP, besides lobbying for support from overseas and seeking assistance from terrorist groups, Hindraf had also been raising funds for its cause. To a question, Abdullah, who is also Internal Security Minister, said the government would know what to do if Hindraf's actions reached dangerous levels. On suggestions that the Internal Security Act (ISA) be invoked against Hindraf activists, Abdullah said he had to study that option before making any decision.

In KUALA KANGSAR, Minister in the Prime Minister's Department Datuk Seri Mohamed Nazri Abdul Aziz said the government was monitoring all Hindraf's activities to determine whether it had received support from abroad, especially terrorist groups. "We're monitoring them to see whether there are such linkages," he told reporters after presenting prizes to pupils who did well in the Ujian Pencapaian Sekolah Rendah (UPSR) examination here today. Nazri said the probe would take into account statements by Hindraf leaders who had allegedly stated that they were lobbying for support from overseas. He said the government would also look into remarks alleging that what was happening in Sri Lanka could happen in Malaysia if problems affecting the Indian community were not addressed.

In KUANTAN, Deputy Internal Security Minister Datuk Fu Ah Kiow said it was clear that in seeking support from abroad, Hindraf was undermining the country's sovereignty. He said Malaysia had wise leaders????????? who were capable of resolving the country's internal problems without having to resort to outside help. "I consider seeking support or assistance from foreign countries as an act of desperation," he said. Fu also reminded the people to be wary of groups spewing lies about Malaysian leaders and the country over the Internet or the short message service (SMS).
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December 08, 2007 00:17 AM
Thorough Probe On Alleged Hindraf Terror Links, Says A-G

SHAH ALAM, Dec 7 (Bernama) -- Attorney-General Tan Sri Abdul Gani Patail said today a thorough investigation would have to be conducted before any legal action could be taken against the Hindu Rights Action Force (Hindraf) which is suspected to have the support and help of the Liberation Tigers of Tamil Eelam (LTTE) of Sri Lanka. He said the Attorney-General's Chambers would have to gather all the facts and complete information before taking any action because the alleged involvement of the LTTE was most serious. "I don't think we would file any charge against them (Hindraf) anytime soon because we have to get the facts, get everything there and decide according to the facts. We don't simply go and charge them.

"This is not a game, it is a very serious matter and I definitely take this very seriously. I really believe that an investigation has got to be done. It has to be done and it is definitely a concern," he told reporters when approached outside the High Court here. Abdul Gani was commenting on a statement by Inspector-General of Police Tan Sri Musa Hassan today that there was evidence of Hindraf having strived to garner the support and help of the terrorist group in
Sri Lanka. Abdul Gani said the LTTE had been declared a terrorist organisation by countries such as the United States, Britain, Australia, India and several nations in Europe. He also said that a United Nations (UN) resolution signed by Malaysia also emphasised that all member countries of the UN were not permitted to support or have any link with terrorist groups. Abdul Gani said his linking Hindraf to the LTTE in his argument at the Sessions Court here on Wednesday was based on a police report.

"Somebody lodged a police report that there is ground that these people have been going out to (establish) contact with this LTTE. "I mentioned in court that there is a police report and that is our concern. If there is none, I wouldn't be worried. Shouldn't I be worried? I think everybody in this world is worried if there is any connection with terrorist groups," he said. Abdul Gani had raised the matter in court when asking the court not to grant bail to 31 people suspected to be Hindraf supporters who had taken part in an illegal assembly, with one of the grounds being that they were probably linked to the LTTE. The court did not record Abdul Gani's statement after strong opposition from the defence lawyers
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------------- IGP Attack on Hindraf

December 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.

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December 06, 2007 23:28 PM
395 NGOs Condemn Street Demonstrations

KUALA LUMPUR, Dec 6 (Bernama) -- Almost 400 non- governmental organisations (NGO), representing various races from throughout the country, gathered at the Sultan Sulaiman Club in Kampung Baru here to condemn street demonstrations that could disrupt order. The 395 NGOs described certain quarters as being insolent when they accused the government of ethnic cleansing when in fact, all races are treated fairly. Over 600 NGO leaders who called themselves the "Damai Malaysia" (Peace Malaysia) movement, gathered for over three hours before coming up with a joint statement on their strong stand against street demonstrations, to be handed over to Prime Minister Datuk Seri Abdullah Ahmad Badawi.


Damai Malaysia coordinating secretary, Mohd Nardin (ABOVE) Awang said the movement wished to remind all that the right of expression, as provided for under the Federal Constitution, should be exercised in accordance with the law and through permissible channels, and not through illegal demonstrations. "The gathering today is to voice out the wish of the people who want peace and are against street demonstrations which have created many problems for the nation," he told reporters.
The MCA man Dr Ayam (ABOVE, Bottom left) and BELOW - in necktie was there. He also led the Anti-BERSIH Demo in Bukit Bintang recently, details H E R E

The joint statement said the NGOs, among other things, opposed the use of race and religion to sow hatred among the people. They also condemned individuals or organisations who/which deceive, slander, and incite or perpetrate racial feelings, and drag in outsiders to interfere in the country's domestic affairs.

"Damai Malaysia is committed to strengthening tolerance and cooperation among the races for the sake of the country's future," said Mohd Nardin. Among the NGOs present were the Malaysian Chinese Muslim Association (Macma), Selangor 4B Youth Movement and Ampang Indian Association. Macma president Ridhuan Tee Abdullah said the people should know how to exercise their rights under the law and not to go overboard to the extent of creating tension among the people. Jimmy Mesir Mohamad Yusof, who represented Selangor 4B Youth Movement, said the people should voice out in defence of the government and to stand solidly behind the prime minister in tackling the issue.

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December 06, 2007 23:03 PM
Indians Manipulated In A Dangerous Way, Says Sothinathan

By Shahrullizan Rusli
PORT DICKSON, Dec 6 (Bernama) -- While reminding Indians that they were being manipulated in a dangerous way, MIC vice-president Datuk S. Sothinathan today expressed the hope that they do not fall into the trap of a group claiming to be championing their plight. He said the Hindu Rights Action Force (Hindraf) should not have played up racial and religious issues but they knew those were the issues that could easily arouse public sentiments. "It's the MIC which has fought for them so that the Indian community could have access to job and educational opportunities. Then all of a sudden, another group is trying to replace us," he told Bernama here today. Sothinathan, who is Deputy Minister of Natural Resources and Environment, said Hindraf had gone too far when it accused the MIC of doing nothing for the Indians for the past 50 years. "If Hindraf is sincere, then why does it refuse to cooperate with the MIC. This goes to show that it (Hindraf) cannot accept the systems that we have, it refuses to accept the Barisan Nasional (BN) system of government and tries to establish something new without regards for the sensitivities of the other races," he said.

Sothinathan said he himself was not satisfied with the achievements of the Indian community so far. "That is only normal and that is what the MIC is fighting for, (ANOTHER 50 MORE YEARS??????????) but not through street demonstrations. "This is human psychology; if we are content with what we have, that means we are not progressing. The Malays and the Chinese are also not satisfied but they strive to improve their lot." Sothinathan said he had received numerous SMSes claiming that the BN government did not provide opportunities for the Indians and asked the people to vote for Parti Keadilan Rakyat and DAP.

"So we knew of the opposition's role behind all these," he added. [This is to be expected, common sense, drying your clothes while the sun is shinning!] Sothinathan admitted that there had been problems in struggling for the interest of the Indian community, but those were challenges that the MIC had to tackle. "The MIC has been in existence since 1946. We have gone through many challenges before, so this (Hindraf's claim) is not difficult [wait for another 50 years??????] to overcome. We can explain to the people and at the same time ask the government to provide more opportunities for the Indian community," he said.

= = == = == = == = = and the SIL talking ????

December 06, 2007 21:59 PM
Khairy Says Govt Shouldn't Meet Hindraf Members

KUALA LUMPUR, Dec 6 (Bernama) -- Umno Youth deputy head Khairy Jamaluddin (ABOVE) said the government should not dignify the Hindu Rights Action Force (Hindraf) by agreeing to meet its members. Speaking at a forum on "Political Stability and Good Governance: Prerequisites to Nation Building", he described their so-called memorandum as a complete lie and ridiculous as one of the claims alleged that the government had practised ethnic cleansing five years ago at Kampung Medan nere here.

Hindraf had claimed that some 100 Indians were killed in Kampung Medan but the police had put the official death toll at only six. Selangor Menteri Besar Datuk Seri Dr Mohd Khir Toyo had explained that the Kampung Medan riots resulted from a misunderstanding between some people in the village following a funeral procession during a wedding ceremony. Khairy said one should only associate ethnic cleansing with what had happened in the former Yugoslavia but certainly not in Malaysia. Hitting out at Hindraf claims, he asked: "Are you seriously saying that the government practises Islamic extremism in destroying Hindu places of worship? Are you kidding me?" "In your heart of hearts, do you really believe that this country to which you were born, to which your children were born and to which your grandchildren will be born has denied you fair play?" he asked.

Refuting allegations that the Indian community had not done well in the country, Khairy said one just had to look at the number of Indian professionals like lawyers and doctors in the country. However, he admitted that the government had not done enough for the Indians in the country. But he was quick to add that the government had also not done enough for the Malays( ([overdone but badly cooked !!) and Chinese in the country. "No government in the world is perfect but this government has delivered a lot (& pocketed much more] in the past 50 years," he said. Khairy did stress that the root of ethnic tensions must be addressed quickly. "If we don't do that, we are really in trouble in terms of nation building," he said.

Khairy also said that a lot of problems that society faced today was due to lack of religious understanding and tolerance. "I think we need to understand ourselves better, understand others better and understand the requirements of each separate groups better and understand where the other person is coming from." Khairy also spoke of the scenario in the aftermath of the May 13 riots and highlighted two main objectives of the New Economic Policy that came out as a result -- the eradication of poverty and identification of race with economic functions. He said the affirmative action had reduced the stereotyping of economic functions usually identified with a particular race and that recent developments in the country even showed opportunities had improved ?????????????? for the non-Malays in the government service.

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MCA: Hindraf's allegations of 'ethnic cleansing' in M'sia baseless

Ng Kee Seng , theSUN
PETALING JAYA (
Dec 7, 2007): MCA views the allegation of “ethnic cleansing” by the Hindu Rights Action Force (Hindraf) as baseless, untrue and way out of line. "In a multi-racial country like Malaysia, it is normal for every community to have grievances. But to accuse the government or practising 'ethnic cleansing' is something very serious. Hindraf leaders should have been more careful and responsible in making such statements," said MCA secretary-general Datuk Ong Ka Chuan. He said attempts by Hindraf leaders to involve the Indian and British governments and political leaders into the affairs of the Malaysian Indian community should not have happened as "it tantamounts to inviting foreign interference into Malaysia’s domestic affairs and sovereignty of our nation". "We also condemn the actions of PKR de facto leader Datuk Seri Anwar Ibrahim who traveled all the way to Mumbai (India) to seek foreign support to interfere with the domestic affairs of our country.

"It is obvious Anwar is going all out to exploit the issue for his political gain. It is in fact a desperate attempt to revive his waning political strength in the country," said Ong. He said MCA and the government remained committed to helping the poor irrespective of race. "The government will view the grievances of the Indian community seriously and continue to take action to resolve them amicably through the mechanism of the Barisan Nasional government at all levels. Indian community leaders are urged to channel their views and grievances through proper channels, especially through MIC representatives, so that issues can be resolved effectively."

Updated: 05:20PM Fri, 07 Dec 2007

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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.
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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

This site:powerpresent.blogspot.com- has been excluded from Mkini in Blogs in the Blogsearch http://blogsearch.google.com/blogsearch?hl=en&q=%2B
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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”
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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.
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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?

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