Apcet II case: Judge flays ex-top cop
Published: Jan 2, 2010 3:40 AM | Updated: Jan 2, 2010 7:32 AM
A string of glaring contradictions by a former top cop torpedoed the defence in the Apcet II civil suit brought by 29 activists and journalists who were unlawfully detained by the police 13 years ago.
A string of glaring contradictions by a former top cop torpedoed the defence in the Apcet II civil suit brought by 29 activists and journalists who were unlawfully detained by the police 13 years ago.
The testimony by former Dang Wangi OCPD Zainal Abidin Ali was the focal point in the written judgment of Kuala Lumpur High Court judge Wan Adnan Muhamad, a copy of which has been made available to Malaysiakini.
“After studying the Zainal Abidin testimony, I found many contradictions. His testimony was unable to stand scrutiny during questioning and was not restored during cross examination,” said Wan Adnan in his 23-page judgment.
Zainal Abidin (photo, far right) is one of six defendants in the case, which revolves around the unlawful arrest and detention of activists and journalists who attended the Asia Pacific Conference on East Timor II at a hotel in Kuala Lumpur on Nov 9, 1996.
The conference was stormed by a 400-strong Umno Youth-led crowd in their bid to abort the controversial event. The mob broke down the conference hall doors, flung chairs and verbally and physically abused the 100-odd participants.
When the police finally arrived at the hotel an hour later, they arrested all the conference participants, but largely ignored the mob.
Justice Wan Adnan noted that Zainal Abidin’s actions were questionable because the police reached the venue after 10.30am despite knowing that the mob had gathered at 9.15am, and that the Dang Wangi police headquarters was near the venue, Asia Hotel in Chow Kit.
“Moreover, at the time, it was not rush hour. Additionally, the police could have used sirens to clear the way,” he said.
Arbitrary arrests made by cops
Justice Wan Adnan argued that the police chief had failed to tell the truth when he denied knowledge of the Apcet II conference despite admitting he did read press reports about the event and there was a letter from the Home Ministry secretary informing him about it.
The judge also lamented that Zainal Abidin did not take action against the mob, and instead arrested conference participants four hours later when “the situation was already under control”.
Wan Adnan again implied that Zainal Abidin was lying when in his police report, he had stated that he ordered the participants to disperse because the situation “could cause public disorder”.
In addition, justice Wan Adnan said Zainal Abidin had “acted arbitrarily” when he ignored requests by conference participants to give them two minutes to disperse.
“This (request) was admitted by Zainal Abidin himself, that the sixth plaintiff witness (one of the conference organisers) raised his hands and showed two fingers. He had assumed that it either meant two or 20 minutes,” said Wan Adnan.
“I consider Zainal Abidin’s actions as being outside the scope of the law because he arrested the plaintiffs in a situation which cannot be described as threatening the public peace because the place was closed off and the mob had left,” he said.
Defence witness buries OCPD
Wan Adnan also said Zainal Abidin should have given the participants time to leave the venue as they needed to gather their personal effects.
“I am aware that Zainal Abidin (as the police district chief) had the discretion (to make arrests), but the testimonies clearly do not support this (action),” he said.
The judge also noted that two witnesses (police officers) for the defendants had testified that Zainal Abidin ordered them to carry out the arrests after issuing the conference participants only one warning.
Moreover, another defence witness and the investigating officer for the case, had told the court that no charges were later brought against the conference participants because insufficient time was given for them to disperse.
“The testimony of the investigating officer is sufficient to reinforce (the notion) that the arrest and detention violated the provisions of the law,” said Wan Adnan.
The participants were subsequently detained for between one and six days, while 40 foreign participants were deported.
Despite his observations, the judge however did not believe there was a conspiracy by the Umno Youth mob, the police and members of the government to physically stop the conference from proceeding.
Wan Adnan, who delivered a summary judgment last Friday, awarded the 29 plaintiffs RM30,000 each as compensation for general damages incurred for their unlawful arrest and subsequent detention.
The testimony by former Dang Wangi OCPD Zainal Abidin Ali was the focal point in the written judgment of Kuala Lumpur High Court judge Wan Adnan Muhamad, a copy of which has been made available to Malaysiakini.
“After studying the Zainal Abidin testimony, I found many contradictions. His testimony was unable to stand scrutiny during questioning and was not restored during cross examination,” said Wan Adnan in his 23-page judgment.
Zainal Abidin (photo, far right) is one of six defendants in the case, which revolves around the unlawful arrest and detention of activists and journalists who attended the Asia Pacific Conference on East Timor II at a hotel in Kuala Lumpur on Nov 9, 1996. The conference was stormed by a 400-strong Umno Youth-led crowd in their bid to abort the controversial event. The mob broke down the conference hall doors, flung chairs and verbally and physically abused the 100-odd participants.
When the police finally arrived at the hotel an hour later, they arrested all the conference participants, but largely ignored the mob.
Justice Wan Adnan noted that Zainal Abidin’s actions were questionable because the police reached the venue after 10.30am despite knowing that the mob had gathered at 9.15am, and that the Dang Wangi police headquarters was near the venue, Asia Hotel in Chow Kit.
“Moreover, at the time, it was not rush hour. Additionally, the police could have used sirens to clear the way,” he said.
Arbitrary arrests made by cops
Justice Wan Adnan argued that the police chief had failed to tell the truth when he denied knowledge of the Apcet II conference despite admitting he did read press reports about the event and there was a letter from the Home Ministry secretary informing him about it.
The judge also lamented that Zainal Abidin did not take action against the mob, and instead arrested conference participants four hours later when “the situation was already under control”. Wan Adnan again implied that Zainal Abidin was lying when in his police report, he had stated that he ordered the participants to disperse because the situation “could cause public disorder”.
In addition, justice Wan Adnan said Zainal Abidin had “acted arbitrarily” when he ignored requests by conference participants to give them two minutes to disperse.
“This (request) was admitted by Zainal Abidin himself, that the sixth plaintiff witness (one of the conference organisers) raised his hands and showed two fingers. He had assumed that it either meant two or 20 minutes,” said Wan Adnan.
“I consider Zainal Abidin’s actions as being outside the scope of the law because he arrested the plaintiffs in a situation which cannot be described as threatening the public peace because the place was closed off and the mob had left,” he said.
Defence witness buries OCPD
Wan Adnan also said Zainal Abidin should have given the participants time to leave the venue as they needed to gather their personal effects.
“I am aware that Zainal Abidin (as the police district chief) had the discretion (to make arrests), but the testimonies clearly do not support this (action),” he said.
The judge also noted that two witnesses (police officers) for the defendants had testified that Zainal Abidin ordered them to carry out the arrests after issuing the conference participants only one warning.
Moreover, another defence witness and the investigating officer for the case, had told the court that no charges were later brought against the conference participants because insufficient time was given for them to disperse. “The testimony of the investigating officer is sufficient to reinforce (the notion) that the arrest and detention violated the provisions of the law,” said Wan Adnan.
The participants were subsequently detained for between one and six days, while 40 foreign participants were deported.
Despite his observations, the judge however did not believe there was a conspiracy by the Umno Youth mob, the police and members of the government to physically stop the conference from proceeding.
Wan Adnan, who delivered a summary judgment last Friday, awarded the 29 plaintiffs RM30,000 each as compensation for general damages incurred for their unlawful arrest and subsequent detention.
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