Activists' arrest: Lower court made 'gross error'

The Ipoh High Court has ruled that the Magistrate Court had made a “gross error in law” when it convicted four environmental activists from Kampung Baru Kuala Kuang in Chemor, Perak for illegal assembly.

In granting the appeal by the four against their conviction, Judicial Commissioner Choong Siew Kim ruled that the court must therefore refund the RM5,000 fine imposed on the appellants.

The four are Parti Sosialis Malaysia (PSM) national coordinator K Kunasegaran, Kuala Kuang Anti-Stench committee chairperson Chai Sing Chong and his two committee members Tan Kin Siah and Chong Min Tow.

They were charged on Oct 25, 2002 with flouting Section 27(2) of the Police Act (failure to disperse upon police orders) during a gathering in front of the Kuala Kuang police station on April 1, 2001.
                            
In her 10-minute judgment this afternoon, Choong said, “The magistrate made a gross error in law and in fact he did not consider the evidence in the charge, which was under the different Section 27(3) and wrongly convicted them under Section 27(2) of the Police Act.”

“(The magistrate) had failed to consider the relevant evidence adduced against the amended charge, which was the only charge against the four accused.

“He had failed to consider the ingredients of the offence, and in any event the case does not warrant a retrial,” said Choong.

Choong added that it would be a gross injustice to subject the four appellants to a retrial as the case had gone on since 2001.

Tribute to slain lawyer

Speaking to reporters later, Chai said that the High Court had made the correct decision and he felt elated.

Meanwhile, Teja state assemblyperson Chang Lih Kang (left) also urged prosecutors not to appeal the decision because the case had gone on for nine years and the accused had suffered enough.

On Feb 29, 2010, magistrate Shah Wira Abdul Halim found the four guilty under Section 27 of the Police Act for failing to possess a permit for a gathering.

The magistrate then imposed a RM5,000 fine and a two-week jail term.

At that the time, the four were represented by G Balasundram, M Vengetraman, D Raja Singam, T Ellanggovan and Cheang Lek Choy.

On Tuesday evening, Balasundram was murdered in front of his home in Ipoh by assailants armed with knives.        

Vengetraman paid glowing tributes to the late Balasunderam and credited him for laying the necessary groundwork in his submissions for the successful appeal.

He said that Balasundram had taken up many public interest cases and provided his services for maginalised groups pro bono.