21 charged with illegal assembly

As 21 people were charged with illegal assembly at the Petaling Jaya Sessions Court this morning, questions were raised as to why the authorities chose to charge them now, two days before the Chinese New Year, when the incident happened more than a month ago.

All 21, 13 of whom are Chinese Malaysians, also faced a second charge of failing to adhere to a police officer Superintendent Mohammad Shukor Sulong's order to disperse from the Petaling Jaya City Council field in Jalan Yong Shook Lin, Petaling Jaya.

The group, which included one member of parliament, two state assemblypersons and a Selangor state executive councillor, was accused of committing the offences during an anti-ISA vigil at the MBPJ compound in Petaling Jaya from 9pm to 10.10pm on Oct 9 last year.

They were charged under Section 27 of the Police Act (for both the offences) and face a possible fine of between RM2,000 and RM10,000 and/or a jail term of not more than one year for each charge.

All 21 claimed trial to the two charges.

(Although the charge sheet states that the incident happened on Oct 9, in actuality the night of the incident was Nov 9)

Those charged were mostly represented by Gobind Singh Deo while prosecuting was done by deputy public prosecutor Noorin Badaruddin.

Among those charged are Petaling Jaya Utara MP Tony Pua (left), Selangor Exco Ronnie Liu, Kampong Tunku state assemblyperson Lau Weng San and MBPJ councillor Tiew Way Keng.

Catholic priest Paulino Francesco Miranda (photo below: second from left) and lawyer S Ashok Kandiah, were also among the 21 charged.

Also charged were K Raman, G Ramish, Augustine Gan Liam Tee, Andrew Ng Yew Han, Lim Cheng Inn, Ooi Suan Huah, Ambrose Poh Teik Huat, Johny Andu @ Abu Bakar Adnan, K Thengaran, Ong Boon Keong, Mohd Fasya Mohd Tajudin, Goh Jin Kiat, Henry Hor @ Henry James Hor, Mohd Khairul Anuar Mohd Jamil and Goh Chien Yee.

All of them were between the ages of 25 and 62, with the majority hailing from the Klang Valley, while others came from as far as Alor Setar, Georgetown and Tampin.

The police are also in the process of identifying another individual who is expected to be charged with the same offences.

Some 70 people turned up at the court this morning to express their support for those charged. They include six priests and two nuns, Bar Council chairperson S Ambiga, DAP MP for Segambut Lim Lip Eng, Cheras MP Tan Kok Wai, and popular blogger Raja Petra Kamarudin and Harris Ibrahim.

Most of them, including several reporters were not allowed inside the packed court room and had to wait outside to monitor the proceedings.

'They're not dangerous'

Ambiga told reporters that the attorney-general should drop the charges and put in efforts to prosecute real crimes and not people exercising freedom of expression which is protected under the Federal Constitution.

"These people are not dangerous," she said, adding that there are better ways where the government could have utilised the taxpayers' money rather than to charge them.

Ambiga said representatives from the Kuala Lumpur and Selangor Bar Council are holding a watching brief in court to render assistance if needed.

After the 21 claimed trial, DPP Noorin pressed for bail at RM5,000 with one surety. She also wanted them to surrender their travel documents to the court.

Noorin said the bail and passports were to ensure they attend the proceedings.

Counsel Gobind objected to the high bail amount and questioned the authorities' intention of charging them two days before the Chinese New Year.

He proposed that all of them be released on personal bond, failing which a bail of RM500 was sufficient.

"They are exercising their constitutional right to freedom of assembly why is this so serious an offence requiring a bail of RM5,000."

"They (the prosecution) had waited over two months before charging them. Why not wait for another week or the week after? The Attorney-General's Chambers should have been sensitive," he said.

Meanwhile, counsel Lim (Lip Eng) for DAP's Pua, Liu, Lau and Tiew said these people were elected representatives and public figures and as such they would not miss any of the hearings.

"Furthermore, the alleged incident happened on a Petaling Jaya field where some of them like Pua and Tiew are representatives of the area and had the right to be there as it is within their constituencies," he said, adding that none of them possessed any criminal records.

Counsel Francis Pereira for Father Miranda said his client had been serving the Catholic community for 13 years at the Church of the Divine Mercy in Shah Alam.

"The presence of other Catholic priests from the Klang valley here today in support shows that Father Miranda has a good character and that a personal bond would be sufficient.

"Should the court exercise to impose bail we would like to propose an amount of RM500 as my client is living on an allowance," Pereira said.

Counsel Salim Basheer for lawyer Ashok Kandiah objected to the prosecution's attempt requiring the accused persons to surrender their passports.

"This is a bailable offence and my client is a friend of the court. There is no need for such action," he said.

Sessions Judge Balqis Aini Mohd Ali allowed a bail of RM1,500 each and fixed March 10 to mention the case for trial.

Balqis Aini also ruled that it was not necessary for the accused persons to surrender their travel documents.

All of them posted bail.

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