KL Sessions Court

After 19 months, the fuel hike case involving 44 activist took off at the Session Court in front of Session Court Judge Haji Mohamad Sekeri bin Mamat . This is one of the many cases involving public assemble during Badawi’s rule. Other cases which are still on-going are the BERSIH cases and Hindraf cases. Currently 44 people are charged, among them 14 members of PSM and JERIT. Among those charged are PSM National Chairperson Dr. Nasir Hashim, Deputy Chairperson M.Saraswathy, Secretary General S.Arutchelvan, Deputy Secretary General Mohanarani and Central Committee Member V.Selvam. Among other high profile activist arrested are Dr. Hatta Ramli, Muhammad Sabu, Athirah  dan Dr. Zul from PAS, Tian Chua and Badrul Amin from PKR, Kohila from JERIT and Nashitah from GMI.
This morning after a number of stand down the court started with the first police witness, a cameraman Sjn Zailan taking the stand. The policeman claimed to have taken 32 pictures but the police did not furnish the defence with the CD nor the memory card. The defence team protested including PSM’s counsel Amer Hamzah and Roger Chan. They said that it was unfair and procedurally wrong. The Judge after a break allowed the witness to proceed and said the defense can examine the CD later. There were lots of unhappiness on how the Judge was conducting the case. There is a feeling that this is a politically motivated case to ensure many people including MPs and State Assemblyman lose their seat. A tactic used very often by Lee Kuan Yew.

At one point Counsel Hanafiah and Amer told off the judge as he was just shaking his hand. They told him that it is “unbecoming of a Judge”. Earlier one of the DPP also lost his cool and shouted at the Public Gallery asking the people to shut up. This brought a whole reaction of anger and protest from the accused sitting in the gallery. Some shouted at the DPP because it was he who was wasting the activist time by charging them for an assemble in the first place.

The second police witness was full of comedy. He took 16 pictures of public assemble but later said he does not know what is a public assemble but further claimed that he has covered not less than 10 public assemblies before. He was full of denial, I cannot remember and I do not understand syndrome.  The hearing continues tomorrow.

Background

The fuel hike protest was in protest was drastic fuel hike announced in 2008. A few days before the protest date 26 January 2008, the police used the TV and the radio asking people not to attend the assembly and said that those attending will be arrested at sight. On the eve of the proposed date of the rally, the police said that they have obtained a court order restraining 5 people and those associated with them to come near within 1 kilometers from the venue of the protest that is at KLCC– the Petronas twin tower.

On the day, the police arrested at sight many people even before the assemble could start. Petrol cars and truckloads of other activist were brought in. All together 60 people were detained at the  Pudu jail. The rest were questioned and were brought to the jail early the following morning. Many of those arrested lodged police report for wrongful arrest and police brutality. A number of people were released but the larger crowd was detained. Dozens of lawyers from Bar Council were prevented from meeting those who were detained.

35 activist were then charged at the KL sessions court and later released on court bail at 6pm on Monday 28 January 2008. All were released on a RM 1,000 bail each and a condition was imposed on each of those arrested that they must not participate in future assemblies and if they do , their bail can be revoked and be put back in detention.  .