bangkit.net

08 May 2008

Background of the case

On 9 December 2007, in conjunction with the International Human Rights Day on 10 December, a walk for freedom of assembly was organised by a group of lawyers. It was intended to start from the Sogo department store to Central Market, but was stopped at a halfway point by the police. At that point, when the organisers had agreed to disperse, the police arrested the lawyers and participants.

The 8 arrested at Jalan Tun Perak are:

1. Sivarasa Rasiah - Member of Parliament for Subang, Vice president of People’s Justice Party and human right lawyer
2. N. Surendran - Human rights lawyer
3. Amer Hamzah - Human rights lawyer
4. Latheefa Koya - Suaram Secretariat member and Human rights lawyer
5. Eric Paulsen - lawyer and Suaram activist
6. Anthony Andu - public
7. Noorazah Othman - public
8. Ashraf Ali bin Sadah Kastullah - public

All of them had detained by police for 24 hours investigation at Pudu Jail, Kuala Lumpur. They were charged in court on 10 December 2007, with the prosecution led by the Attorney General (AG) Abdul Ghani Patail himself.

They were charged under Section 143 Penal Code and Section 27 (5A) Police Act for participating in an “unlawful assembly”. The AG objected to their bail applications. However, the court granted them court bail of RM 2,000.

Summary of the 1st day hearing

Date: 05 May 2008 (Monday)
Time: 9am
Courtroom: Sessions Court 1, Jalan Duta Court Kuala Lumpur
Judge: Pn Komathy Suppiah

Deputy Public Prosecutor: Raja Rozela Raja Toran
Defender Counsels: M. Puravelan, Abdul Rashid Ismail, Fahri Azat, Oh Choong Ghee
Watching Brief for NGO: Moon Hui (SUARAM)

- Two of the accused, Sivarasa Rasiah and Ashraf Ali, did not attend today’s hearing.

- Counsel M. Puravelan made an application on behalf of Sivarasa to get an excuse from court for not attending the hearing in this week. Puravelan said that Sivarasa needed to attend the Parliamentary session. Judge approved the application.

- The court was also inform by Jonson Chong bailer for Ashraf Ali, that he was not able to contact Ashraf since the last hearing of this case which was postponed on 28 January 2008. Then, M. Puravelan told the Judge that he will no longer represent Ashraf if he does not appear in court for the next hearing day.

- When the DPP proceeded to call the first witness Lance Corporal Khairul Anuar Othman, a police photographer, the court was informed that the witness was not in the witness room.

- The DPP then called for the second witness Sergeant Zainal bin Zin, who was also not in the witness room.

- Judge Pn Komathy warned that she may release all the accused from this trial if the DPP did not take this case seriously.

- The DPP applied for a 10-minute break to find out what had happened.

- Then, the DPP informed the court that all witnesses had been told by court’s police personnel that the case had been postponed without her knowledge and as such all the witnesses had left the court before the hearing take place.

- Judge warned the DPP and court’s police personnel to be careful the next time.

- Finally, the hearing was adjourned to 7 May 2008 (Wednesday), 9am at the same courtroom.

For further information, please contact SUARAM (Moon Hui) at 03-77843525 or 012-7209981.

Summary of the 2nd day hearing

Date: 07 May 2008 (Wednesday)

Time: 9am

Courtroom: Sessions Court 1, Jalan Duta Court Kuala Lumpur

Judge: Pn Komathy Suppiah

Deputy Public Prosecutor: Raja Rozela Raja Toran, Norizan Arifin.

Defender Counsels: M. Puravelan, Abdul Rashid Ismail, Fahri Azat, Oh Choong Ghee

Watching Brief for NGO: Moon Hui (SUARAM)

- Today the trial proceeded with two witnesses. This was highly unusual because one of the accused, Ashraf Ali bin Sadah Kastullah, was not present in court. Ashraf had not asked and the court had not given permission for his personal attendance to be dispensed with at the trial. Under section 264 of the Criminal Procedure Code, all evidence taken at a trial must be taken in the presence of the accused.

- The court was told by defense counsel M. Puravelan that he has not been able to receive any instructions from his client. This will create several problems for the defense team.

- Puravelan provided the court with documents on Ashraf’s psychiatric condition, issued by doctor in General Hospital KL.

- Puravelan also provided documents to show that Ashraf has been brought back to India by his family.

- The documents were obtained from Ashraf’s bailer Jonson Chong who received the documents from Ashraf’s father in India. The DPP had been given 2 weeks to verify those documents.

- The DPP said that they needed time to verify the documents, and decide on the status of Ashraf’s case.

- The DPP nevertheless asked for the trial to start with the questioning of two witnesses.

- Lance Corporal Osman Taarifshah and Corporal Nazi Abdullah were police photographers from Bukit Aman. They had taken 43 and 49 photographs respectively on the day of the march.

- They were on duty to take photographs of the march from Sogo and followed the march until the end.

- After questioning of the two witnesses, the trial was adjourned to 28 May 2008 (Wednesday) for mention.

For further information, please contact SUARAM (Moon Hui) at 03-77843525 or 012-7209981.