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©Bernama
(Used by permission)
By M. Santhiran
KUALA LUMPUR, Dec 10 (Bernama) -- Four lawyers and four activists pleaded
not guilty at the Sessions Court here today to two charges of being in an
unlawful assembly and failing to adhere to police orders to disperse.
They were alleged to have participated in yesterday's "People's Freedom Walk" in
Jalan Tuanku Abdul Rahman.
Lawyers Amer Hamzah Arshad, Latheefa Beebi Koya, N. Surendran and K. Sivarasa
and activists Eric Paulsen, Johny Andu @ Abu Bakar Adnan, Nooraza Othman and
Ashraf Ali Sadakathullah also claimed trial to two alternative charges of taking
part in the illegal assembly and failing to adhere to police orders to disperse.
They allegedly committed the offences in front of the Kamdar building in Jalan
Tuanku Abdul Rahman between 8.10am and 8.50am yesterday.
On the first count of being in an unlawful assembly, the eight were charged
under section 143 of the Penal Code. If convicted, they face a term of up to six
months imprisonment or fine, or both.
They also face an alternative charge under section 27(5)(a) of the Police Act
1967 of taking part in an illegal assembly which carries a fine of between
RM2,000 and RM10,000 or a year's jail.
The second charge under section 145 of the Penal Code accuses the eight of
continuing to be in an unlawful assembly, knowing that the police had commanded
them to disperse.
If convicted, they can be jailed up to two years or fined, or both.
They also face an alternative charge of being members of an unlawful assembly
and failing to adhere to an order by Supt Che Hamzah Che Ismail to disperse.
In the same court, lawyer Edmund Bon Tai Soon, 33, claimed trial to obstructing
a Kuala Lumpur City Hall (DBKL) enforcement officer from removing a banner in
front of the Bar Council office in Jalan Lebuh Pasar at about 12.15pm yesterday.
Bon, the Bar Council's human rights committee chairman, had allegedly committed
the offence under Section 186 of the Penal Code and faces up to three years in
jail or a maximum fine of RM1,000, or both, if convicted.
Attorney-General Tan Sri Gani Patail urged the court to deny them bail as the
offences were non-bailable or compoundable.
He said the eight had committed a serious offence and urged the court to take a
serious view of the case as such illegal assemblies might escalate, resulting in
public disorder.
"They may argue that it is not a serious offence but the prosecution will prove
that their actions may lead to public disorder and more unlawful assemblies," he
said.
At this juncture, laughter broke out in the courtroom, which was packed mostly
with lawyers, prompting Gani to tell the court that this was no laughing matter
as it involved national security.
Gani pointed out that the walk itself was not sanctioned by the Bar Council and
that the prosecution had video evidence to prove that children were also present
during the demonstration.
He argued that the demonstrators had clearly showed their defiance when police
repeatedly ordered them to disperse.
On Bon's case, Gani said it was a serious offence for anyone to obstruct a
public servant from discharging his duty.
He said that in this case, the DBKL officer had just removed a banner tied
between two trees, in front the Bar Council's premises.
Gani proposed that if the court decided to grant bail to the accused, the bail
should also state that they refrain from taking part in any unlawful assembly,
until the case was over.
P. Puravelan, lead counsel for the eight, said the issue of bail was merely to
ensure their attendance in court and denying them bail was tantamount to
punishing them before the trial even started.
"The AG is just speculating that there will be more street demonstrations," he
said, adding that the "People's Freedom Walk" was not a demonstration against
the government.
He said the Bar Council had been organising the event for the past two years in
conjunction with Human Rights Day.
"Even Deputy Minister in the Prime Minister's Department Datuk M. Kayveas, had
attended the event."
Another counsel, K. Ragunath, said the burden was on the prosecution to prove
why the court should deny bail.
Another counsel, Tommy Thomas, questioned how a gathering of about 100 people
could pose a threat to national security.
The fundamental liberty of each citizen of this country was protected under the
Federal Constitution, he said, adding that the court should grant bail to all
the accused.
Judge S. M. Komathy allowed bail of RM2,000 in one surety and fixed hearing for
four days, beginning Jan 28.
For Bon, the judge imposed bail of RM1,000 in one surety and fixed hearing for
March 3-5.
All posted bail.
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