Cop explains arrest at 'lawyers march'
Andrew OngPublished: Oct 22, 2008 9:32 AM | Updated: Oct 22, 2008 11:02 AM
A police officer told the Kuala Lumpur Sessions Criminal Court today that those who marched to commemorate the Human Rights Day last year had the right to do so.
A police officer told the Kuala Lumpur Sessions Criminal Court today that those who marched to commemorate the Human Rights Day last year had the right to do so.
However, Superintendent Che Hamzah Che Ismail said the crowd were dispersed when the march spilled from the sidewalk onto the road, followed by a procession with banners.
Che Hamzah is the fifth prosecution witness in the trial of six individuals who were arrested during a march from Sogo shopping complex to the Bar Council headquarters in Kuala Lumpur last year.
During cross examination by defense counsel M Puravalen, Che Hamzah said he had conveyed his permission for the group to ‘walk’ on the sidewalk to the Bar Council headquarters through three members from the group.
“(Walk) means I gave the opportunity for the group to move to their destination. That is their right, (as long as) they do not cause any traffic congestion or disturb public peace,” he replied to a question.
Puravalen then narrowed in on whether Che Hamzah - who described himself as the ‘ground commander’ and deputy Dang Wangi police chief at the material time - had the authority to grant permission to the marchers.
Che Hamzah said he had given permission based on Section 27 of the Police Act which relates to matters concerning police permission for holding public assemblies.
Puravalen then asked if Che Hamzah possessed written authority from the district police chief, as stipulated in Section 27 (1) of the Police Act, to which the latter replied in the negative.
Puravalen: On what basis (then) did you exercise this authority (to grant permission for the walk)?
Che Hamzah: As the ground commander, I have authority to grant that permission.
Group's identity
Che Hamzah also told the court that the group of approximately 100 marchers were from the kumpulan Bar Council (Bar Council group).
Asked by Puravalen if there was any confusion to the identity of the group, Che Hamzah replied no.
Led by several notable human rights lawyers, the group marched from the Sogo shopping complex to the CIMB Building at Jalan Tun Perak before being arrested.
The detainees included Petaling Jaya Selatan MP and PKR vice-president R Sivarasa, PKR supreme council member Latheefa Koya, Amer Hamzah Arshad. N Surendran, Eric Paulsen and Johny Andu.
Last December, the Bar Council had cancelled their annual International Human Rights Day march following pressure from the authorities to obtain a police permit.
At the time, Bar Council president Ambiga Sreenevasan said that the need to obtain a police permit violates the constitutional right to peaceful assembly.
The small group of lawyers however decided to ignore warnings by the authorities and organised a march that was not sanctioned by the Bar Council.
Video shown in court
Earlier when questioned by deputy public prosecutor Raja Rozela Raja Toran, Che Hamzah told the court that he had initially allowed the crowd to walk on the sidewalk from the Sogo shopping complex to the Bar Council headquarters.
However, the crowd spilled onto the road and unfurled a large banner. Che Hamzah said he could not allow the procession to proceed further as it had disrupted traffic and posed safety concerns.
Raja Rozela then played a video recording before the court which showed various scenes from the march. One scene portrayed Che Hamzah ordering the crowd to disperse in 10-minutes.
Puravalen also sought the court’s permission to use several photographs of the events taken by activist Colin Nicholas as materials to cross examine Che Hamzah. [see below]
“The significance of this version of events is that the photographs have time stamping... This time stamping process is critical in establishing the order of events,” he said.
Raja Rozela objected to this on grounds that Section 139 of the Evidence Act does not allow Nicholas to be cross examined, that the defencee was not tendering the photographs as evidence and that the photographs may be prejudicial to the six accused.
Justice SM Komathy Suppiah ordered an adjournment until tomorrow morning to allow both parties to prepare further submissions on the use of Nicholas’ pictures.
Pictorial: A human rights march cut short
However, Superintendent Che Hamzah Che Ismail said the crowd were dispersed when the march spilled from the sidewalk onto the road, followed by a procession with banners.
Che Hamzah is the fifth prosecution witness in the trial of six individuals who were arrested during a march from Sogo shopping complex to the Bar Council headquarters in Kuala Lumpur last year.
During cross examination by defense counsel M Puravalen, Che Hamzah said he had conveyed his permission for the group to ‘walk’ on the sidewalk to the Bar Council headquarters through three members from the group. “(Walk) means I gave the opportunity for the group to move to their destination. That is their right, (as long as) they do not cause any traffic congestion or disturb public peace,” he replied to a question.
Puravalen then narrowed in on whether Che Hamzah - who described himself as the ‘ground commander’ and deputy Dang Wangi police chief at the material time - had the authority to grant permission to the marchers.
Che Hamzah said he had given permission based on Section 27 of the Police Act which relates to matters concerning police permission for holding public assemblies.
Puravalen then asked if Che Hamzah possessed written authority from the district police chief, as stipulated in Section 27 (1) of the Police Act, to which the latter replied in the negative.
Puravalen: On what basis (then) did you exercise this authority (to grant permission for the walk)?
Che Hamzah: As the ground commander, I have authority to grant that permission.
Group's identity
Che Hamzah also told the court that the group of approximately 100 marchers were from the kumpulan Bar Council (Bar Council group). Asked by Puravalen if there was any confusion to the identity of the group, Che Hamzah replied no.
Led by several notable human rights lawyers, the group marched from the Sogo shopping complex to the CIMB Building at Jalan Tun Perak before being arrested.
The detainees included Petaling Jaya Selatan MP and PKR vice-president R Sivarasa, PKR supreme council member Latheefa Koya, Amer Hamzah Arshad. N Surendran, Eric Paulsen and Johny Andu.
Last December, the Bar Council had cancelled their annual International Human Rights Day march following pressure from the authorities to obtain a police permit.
At the time, Bar Council president Ambiga Sreenevasan said that the need to obtain a police permit violates the constitutional right to peaceful assembly.
The small group of lawyers however decided to ignore warnings by the authorities and organised a march that was not sanctioned by the Bar Council.
Video shown in court
Earlier when questioned by deputy public prosecutor Raja Rozela Raja Toran, Che Hamzah told the court that he had initially allowed the crowd to walk on the sidewalk from the Sogo shopping complex to the Bar Council headquarters.
However, the crowd spilled onto the road and unfurled a large banner. Che Hamzah said he could not allow the procession to proceed further as it had disrupted traffic and posed safety concerns.
Raja Rozela then played a video recording before the court which showed various scenes from the march. One scene portrayed Che Hamzah ordering the crowd to disperse in 10-minutes. Puravalen also sought the court’s permission to use several photographs of the events taken by activist Colin Nicholas as materials to cross examine Che Hamzah. [see below]
“The significance of this version of events is that the photographs have time stamping... This time stamping process is critical in establishing the order of events,” he said.
Raja Rozela objected to this on grounds that Section 139 of the Evidence Act does not allow Nicholas to be cross examined, that the defencee was not tendering the photographs as evidence and that the photographs may be prejudicial to the six accused.
Justice SM Komathy Suppiah ordered an adjournment until tomorrow morning to allow both parties to prepare further submissions on the use of Nicholas’ pictures.
Pictorial: A human rights march cut short
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