Kg Medan victims: Will they ever get justice?
Jiwi KathaiahPublished: Jan 13, 2012 1:42 PM | Updated: Jan 13, 2012 6:51 PM
Justice was done to the former Lord President Salleh Abas and two of his fellow judges after their unceremonious sacking by the then Prime Minister Dr Mahathir Mohamad in 1988.
The last chance for the seven men, who are demanding compensation for injuries, may be the Federal Court.
Justice was done to the former Lord President Salleh Abas and two of his fellow judges after their unceremonious sacking by the then Prime Minister Dr Mahathir Mohamad in 1988.
However, till this day, justice has been denied to the victims of the Kampung Medan attacks, who suffered physical injuries in 2001.
Seven victims of the Kampung Medan incident who suffered serious physical injuries sought redress for their sufferings from the court as the government had not in any way helped them, the victims' lawyer and MP for Teluk Intan, M Manogaran, said yesterday.
"The relentless struggle for justice of the Kampung Medan victims appears to be equally matched by the stubborn denial of the judiciary in granting them justice," Manogaran (left) told a press conference in Kuala Lumpur.
The seven victims - Suresh a/l Radhakrishnan, Ambalakan a/l Aynan, Anbarasan a/l Velappam, Janakan Pillai a/l Bala, Tamil Selbam a/l Palaniandy, Subramaniam a/l Vythilingam and Muniandy a/l Vellay - had filed a suit against the then Petaling Jaya district police chief Sheikh Mustafa Sheikh Ahmad, then Selangor police chief Nik Ismail Nik Yusof, the inspector-general of police and the Government of Malaysia in the High Court in Kuala Lumpur on March 5, 2004.
Manogaran said the seven were victims of a racial attack in their village and they held the police accountable for their failure to take effective measures to prevent and contain the attack when it happened, and the government for its misinformation relayed through its radio and television news bulletins saying that the situation in Kampung Medan was under control when it was not.
The victims' case was that they had no quarrel with the local residents, that the attacks on them were by outsiders.
They had remained indoors upon hearing about racial attacks in their area, and left their homes to go about their normal business only after hearing official news over the radio and television that there were no problems as the police were in control of the situation, Manogaran explained.
He said there were 2,053 police personnel on duty in the Kampung Medan area where the attacks took place. The area had been cordoned off by police and there were road blocks, but yet the police could not stop the attacks.
"How come the police could not control just over 50 people who were going about freely and slashing people?" Manogaran asked.
He also asked, "Who is responsible for the official news that there were no problems in that area and the situation was under control, which the victims believed, leading them to leave their homes for work and to do other things?"
The Police Act 1967 specifies in no uncertain terms that it is the duty of the police to ensure peace and security, protection of lives and safety in public areas, Manogaran pointed out and added, "None of the arguments advanced by the claimants was rebutted by the police."
The High Court judge, Manogaran said, did take judicial notice of the Kampung Medan incident, but yet contended that the claimants had failed to lead evidence as to the fact that they were seen being actually slashed by someone!
Further, the judge held that there were "inconsistencies on both sides" and dismissed the claim by the seven victims in May 2009. Manogaran argued that "these inconsistencies were minor".
'Five minutes to argue the appeal'
An appeal was filed in the Court of Appeal on June 6, 2009. At the Appeal Court the unbelievable happened, Manogaran said, adding that when it sat to hear the matter on Nov 23, 2011, the appellants' lawyer was given just five minutes to present his case.
"When I protested the five minutes given, the judge said I could protest but the court was ready to give its decision. He then proceeded to hand down the court's decision," Manogaran said.
The Court of Appeal upheld the decision of the KL High Court and dismissed the appeal by the seven. The appellants were also ordered to pay RM10,000 as costs.
"This was a disaster for the seven. They have gone through pain and suffering since March 2001as a result of the ethnic violence that was let loose in Kampung Medan and now they are ordered to pay costs as the price for seeking justice," Manogaran said.
"This order for cost constitutes ‘punishment' for the seven victims of the Kampung Medan incident for daring to seek justice for their sufferings resulting from the negligence of duty on the part of the police and the government.
"It also serves as a deterrent for the seven to appeal to the Federal Court," he added.
Despite this deterrent, Manogaran said, the application of the seven for leave to appeal was filed in the Federal Court on Dec 23, 2011. The case management was held at the Registry of the Federal Court yesterday and the application is to be heard in March.
Manogaran also lashed out at the Human Rights Commission (Suhakam) for refusing to hold an inquiry into the Kampung Medan incident.
"One commissioner told me: ‘Don't rock the boat. We cannot have the inquiry'."
Manogaran asked, "When it comes to the Kampung Medan incident, no one wants to inquire into it. Suhakam does not want to hold an inquiry. The Appeal Court would only give five minutes to hear our arguments. What are they trying to hide?"
He said the police did arrest some 83 people after the attacks. Since it was an act after the event, no one is sure for what they were arrested
To give justice to all the innocent victims of the Kampung Medan incident, Manogaran called for a royal commission of inquiry to determine who caused the attacks and why the police did not take action to prevent and stop them, and for compensation to be paid to all the victims.
‘Did the police take sides?'
Human rights NGO Suaram chairperson K Arumugam, who was present at the press conference, said six people were killed and more than 90 were seriously injured, including the seven, in the Kampung Medan incident in March 2001.
The seven, left with no remedy whatsoever from any quarter, took the matter to the court with the help of some of the kind hearted members of the Bar Council.
According to Arumugam, all information on the atrocities committed and the people who committed them were available, but "perpetrators of the crime were not apprehended".
He stressed two vital questions that had to be answered: whether police took sides in the matter and what would be done to give justice and compensation to all the victims of the tragic incident.
However, till this day, justice has been denied to the victims of the Kampung Medan attacks, who suffered physical injuries in 2001.
Seven victims of the Kampung Medan incident who suffered serious physical injuries sought redress for their sufferings from the court as the government had not in any way helped them, the victims' lawyer and MP for Teluk Intan, M Manogaran, said yesterday.
"The relentless struggle for justice of the Kampung Medan victims appears to be equally matched by the stubborn denial of the judiciary in granting them justice," Manogaran (left) told a press conference in Kuala Lumpur.The seven victims - Suresh a/l Radhakrishnan, Ambalakan a/l Aynan, Anbarasan a/l Velappam, Janakan Pillai a/l Bala, Tamil Selbam a/l Palaniandy, Subramaniam a/l Vythilingam and Muniandy a/l Vellay - had filed a suit against the then Petaling Jaya district police chief Sheikh Mustafa Sheikh Ahmad, then Selangor police chief Nik Ismail Nik Yusof, the inspector-general of police and the Government of Malaysia in the High Court in Kuala Lumpur on March 5, 2004.
Manogaran said the seven were victims of a racial attack in their village and they held the police accountable for their failure to take effective measures to prevent and contain the attack when it happened, and the government for its misinformation relayed through its radio and television news bulletins saying that the situation in Kampung Medan was under control when it was not.
The victims' case was that they had no quarrel with the local residents, that the attacks on them were by outsiders.
They had remained indoors upon hearing about racial attacks in their area, and left their homes to go about their normal business only after hearing official news over the radio and television that there were no problems as the police were in control of the situation, Manogaran explained.
He said there were 2,053 police personnel on duty in the Kampung Medan area where the attacks took place. The area had been cordoned off by police and there were road blocks, but yet the police could not stop the attacks.
"How come the police could not control just over 50 people who were going about freely and slashing people?" Manogaran asked.
He also asked, "Who is responsible for the official news that there were no problems in that area and the situation was under control, which the victims believed, leading them to leave their homes for work and to do other things?"
The Police Act 1967 specifies in no uncertain terms that it is the duty of the police to ensure peace and security, protection of lives and safety in public areas, Manogaran pointed out and added, "None of the arguments advanced by the claimants was rebutted by the police."The High Court judge, Manogaran said, did take judicial notice of the Kampung Medan incident, but yet contended that the claimants had failed to lead evidence as to the fact that they were seen being actually slashed by someone!
Further, the judge held that there were "inconsistencies on both sides" and dismissed the claim by the seven victims in May 2009. Manogaran argued that "these inconsistencies were minor".
'Five minutes to argue the appeal'
An appeal was filed in the Court of Appeal on June 6, 2009. At the Appeal Court the unbelievable happened, Manogaran said, adding that when it sat to hear the matter on Nov 23, 2011, the appellants' lawyer was given just five minutes to present his case.
"When I protested the five minutes given, the judge said I could protest but the court was ready to give its decision. He then proceeded to hand down the court's decision," Manogaran said.
The Court of Appeal upheld the decision of the KL High Court and dismissed the appeal by the seven. The appellants were also ordered to pay RM10,000 as costs.
"This was a disaster for the seven. They have gone through pain and suffering since March 2001as a result of the ethnic violence that was let loose in Kampung Medan and now they are ordered to pay costs as the price for seeking justice," Manogaran said.
"This order for cost constitutes ‘punishment' for the seven victims of the Kampung Medan incident for daring to seek justice for their sufferings resulting from the negligence of duty on the part of the police and the government."It also serves as a deterrent for the seven to appeal to the Federal Court," he added.
Despite this deterrent, Manogaran said, the application of the seven for leave to appeal was filed in the Federal Court on Dec 23, 2011. The case management was held at the Registry of the Federal Court yesterday and the application is to be heard in March.
Manogaran also lashed out at the Human Rights Commission (Suhakam) for refusing to hold an inquiry into the Kampung Medan incident.
"One commissioner told me: ‘Don't rock the boat. We cannot have the inquiry'."
Manogaran asked, "When it comes to the Kampung Medan incident, no one wants to inquire into it. Suhakam does not want to hold an inquiry. The Appeal Court would only give five minutes to hear our arguments. What are they trying to hide?"
He said the police did arrest some 83 people after the attacks. Since it was an act after the event, no one is sure for what they were arrested
To give justice to all the innocent victims of the Kampung Medan incident, Manogaran called for a royal commission of inquiry to determine who caused the attacks and why the police did not take action to prevent and stop them, and for compensation to be paid to all the victims.
‘Did the police take sides?'
Human rights NGO Suaram chairperson K Arumugam, who was present at the press conference, said six people were killed and more than 90 were seriously injured, including the seven, in the Kampung Medan incident in March 2001.
The seven, left with no remedy whatsoever from any quarter, took the matter to the court with the help of some of the kind hearted members of the Bar Council.
According to Arumugam, all information on the atrocities committed and the people who committed them were available, but "perpetrators of the crime were not apprehended".
He stressed two vital questions that had to be answered: whether police took sides in the matter and what would be done to give justice and compensation to all the victims of the tragic incident.
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