A total of 99 were charged at the Magistrate court on 29 November 2007. There are two main groups of those who were charged:
i. Those who had gathered at the Hindu temple in Batu Caves in the early hours of the morning on 25 November 2007. According to lawyers representing them, 45 of them were charged under:
1. Section 27(5) of the Police Act which stipulates the need to have a police permit to gather. Under the Police Act, any gathering of more than three people without police permit is a crime punishable by a fine of between RM2,000 and RM10,000 and maximum imprisonment of one year.
2. Section 147 of the Penal Code, for rioting. The offence is punishable by imprisonment of a maximum 2 years and/or a fine.
The Magistrate had denied the application to withdraw from the charge and had offered a court bail of RM500 each. All 45 persons had been released after paying the bail. The hearings for the 45 will be between 28 and 30 April 2008.
ii. Those who were arrested during the actual rally in the vicinity of KLCC. There were 54 charged at Jalan Duta Magistrate Court, on 28 November 2007. They were charged under:
1. Section 143 Penal Code which provides punishment of imprisonment for a maximum six months and/or a fine for an unlawful assembly, or optional charge under Section 27(5) Police Act (refer above).
2. Section 145 of the Penal Code, for joining or continuing in an unlawful assembly, knowing that it has been commanded to disperse, which is punishable by imprisonment of a maximum 2 years and/or a fine.
All those who had been sent to the Sungai Buloh prison as they were unable to pay the court bail on 28 November had been released after they made the full payment on 29 November 2007.
The hearings for the 54 will be between 3 January 2008 and 11 February 2008.
For further information, please contact SUARAM (Moon Hui) at 03-77843525.
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