They were arrested four years ago for participating in a demonstration against a polluting factory. Since then the factory has resolved the issue with the protesting residents and relocated to another area. But the police are pressing ahead with the charges against the four.

The four community activists, who were charged with illegal assembly over a demonstration in Kuala Kuang, Perak, are hoping that Attorney-General Abdul Gani Patail will withdraw the charge.

Chai Sin Chong, 66, ( photo, second left ) Tan Kin Siah, 43, ( third left ) Chong Min Tow, 62, (far right) and K Kunasekaran, 41, ( far left ) were hauled to court for protesting against the emission of harmful toxic substances by a rubber factory in their new village a few kilometres north of Ipoh.

They submitted a 23-page memorandum to Abdul Gani, via his personal assistant Khatijah Razak, at his office in Putrajaya today.

The four, who are part of the Kuala Kuang committee , were charged under Section 27 of the Police Act 1967 for illegal assembly in 2003.

On April 1, 2001, together with some 500 hundred residents, they had staged a protest against the emission coming from the Chip Lam Seng rubber factory. To the ire of the villagers, the factory had been puffing out pollutants since 1995.

"Our intention is to request the AG to intervene and withdraw the charges. We feel that we are not guilty. We have the right to assemble," said Kunasekaran when met later.

The villagers had formed the committee in 1999 to voice their grouses. They also took the factory owner to court.

However, the case was settled out of court in 2003. The factory moved to another part of Ipoh, Khantan, in March this year.

Why waste public funds?

Meanwhile, Chai asked why only four of them - who were key organisers of the protest - were arrested when they were nearly 500 people involved in the demonstration.

"Yes (we are hopeful). We feel that he (Abdul Gani) will consider (the matter) fairly. Prior to this, there are other cases that involved public interest and the AG interfered.

"Considering that this is a public interest matter, we have full confidence that the AG will withdraw this case," he said when met at the same venue.

He added that the case with the factory owner has been closed and therefore this should be a non-issue.

"The main issue has been settled. Why waste public funds to pursue the matter?" he asked.

Chai said the demonstration was held to protect the interest of the villagers and the environment.

On the same note, he said the four are ready to face the challenge should the AG decide to proceed with the case.

He also added that a signature campaign will be launched and the assistance of non-governmental organisations sought to pressure the AG.

The first hearing will be on Oct 25 at the Ipoh Magistrate's Court.

The Kuala Kuang committee, which organised the successful protest, received a human rights award from Suaram last year.

Kuala Kuang - the fight for clean air