The government's motives in prosecuting top PKR leaders in connection with the Bersih 3.0 rally has raised questions whether the court proceedings are to thwart independent investigations.
DAP stalwart Lim Kit Siang said charges against PKR de facto leader Anwar Ibrahim, deputy president Azmin Ali and former central leadership council member Badrul Hisham Shaharin were "designed to pre-empt and avoid any independent, impartial and comprehensive inquiry into this important issue".
Lim (left), in a statement today, commended the Human Rights Commission's (Suhakam) move toinitiate a probe into the claimed abuses during the rally instead of waiting for the independent panelset up by Putrajaya, and by led by former inspector-general of police Hanif Omar, to finalise its terms of reference.
However, Lim said the prosecution of the three could impede a thorough and comprehensive investigation by Suhakam as the commission is bound to the Human Rights Commission of Malaysia Act 1999 under "Powers of Inquiry of the Commission" which prevents it probing into matters pending in court.
"With the prosecution of Anwar, Azmin and Badrul, even the Suhakam probe into Bersih 3.0 violence could be prevented from inquiring and establishing whether anyone of them had given the signal for the breach of the Dataran Merdeka barricades," he pointed out.
Lim quizzed whether the sudden decision to charge the three was to pre-empt any Suhakam inquiry from conducting an independent and impartial investigation into the ‘breach' of the Dataran Merdeka barricades.
Chiding their prosecution as "an act of utter bad faith", Lim said it went against Prime Minister Najib Abdul Razak's promise of a full and impartial inquiry into the alleged violence by police personnel during the rally on April 28.
DAP stalwart Lim Kit Siang said charges against PKR de facto leader Anwar Ibrahim, deputy president Azmin Ali and former central leadership council member Badrul Hisham Shaharin were "designed to pre-empt and avoid any independent, impartial and comprehensive inquiry into this important issue".
Lim (left), in a statement today, commended the Human Rights Commission's (Suhakam) move toinitiate a probe into the claimed abuses during the rally instead of waiting for the independent panelset up by Putrajaya, and by led by former inspector-general of police Hanif Omar, to finalise its terms of reference.However, Lim said the prosecution of the three could impede a thorough and comprehensive investigation by Suhakam as the commission is bound to the Human Rights Commission of Malaysia Act 1999 under "Powers of Inquiry of the Commission" which prevents it probing into matters pending in court.
"With the prosecution of Anwar, Azmin and Badrul, even the Suhakam probe into Bersih 3.0 violence could be prevented from inquiring and establishing whether anyone of them had given the signal for the breach of the Dataran Merdeka barricades," he pointed out.
Lim quizzed whether the sudden decision to charge the three was to pre-empt any Suhakam inquiry from conducting an independent and impartial investigation into the ‘breach' of the Dataran Merdeka barricades.
Chiding their prosecution as "an act of utter bad faith", Lim said it went against Prime Minister Najib Abdul Razak's promise of a full and impartial inquiry into the alleged violence by police personnel during the rally on April 28.
Charged under Peaceful Assembly Act
The trio were charged at the Kuala Lumpur Sessions Court this morning under section 4(2)(c) of the Peaceful Assembly Act with participating in the Bersih 3.0 rally and violating magistrate Zaki Asyraf Zubir's court order dated April 26, which prohibits the gathering at Dataran Merdeka and the area bordering Jalan Sultan Hishammuddin, Jalan Raja and Jalan Kelab.
They allegedly committed the offence between 2.30pm and 3pm on April 28.
They also face another charge under the Penal Code with disobedience to an order duly promulgated by the magistrate to be with more than five Bersih 3.0 supporters and conspired with R Tangam, G Rajesh Kumar and Farhan Ibrahim @ Alias by inciting them to breach the barricade surrounding Dataran Merdeka and could have caused a riot or clashes in the area.
Anwar and Azmin (left) are accused of abetting this with Tangam, Rajesh Kumar and Farhan. Under Section 188 of the Penal Code, they stand to face a jail term of up to a month or a RM400 fine, or both.
Lim also said that that Home Minister Hishammuddin Hussein's view that Anwar and Azmin signalled the crowd to breach the barbed wire barricades, as stated in his interview in the Sunday edition of The Star,could have been used a basis for the prosecution.
"The sudden and abrupt prosecution of Anwar, Azmin and Badrul in connection with the breach of the Dataran Merdeka barricades smack of mala fide on the part of the Najib's premiership because it is clearly designed to pre-empt and avoid any independent, impartial and comprehensive inquiry into this important issue," said the Ipoh Timur MP.
"This is all the more deplorable when the trio have strenuously denied giving the signal to breach the barricades, as borne out by video testimony," said Lim.
They allegedly committed the offence between 2.30pm and 3pm on April 28.
They also face another charge under the Penal Code with disobedience to an order duly promulgated by the magistrate to be with more than five Bersih 3.0 supporters and conspired with R Tangam, G Rajesh Kumar and Farhan Ibrahim @ Alias by inciting them to breach the barricade surrounding Dataran Merdeka and could have caused a riot or clashes in the area.
Anwar and Azmin (left) are accused of abetting this with Tangam, Rajesh Kumar and Farhan. Under Section 188 of the Penal Code, they stand to face a jail term of up to a month or a RM400 fine, or both.Lim also said that that Home Minister Hishammuddin Hussein's view that Anwar and Azmin signalled the crowd to breach the barbed wire barricades, as stated in his interview in the Sunday edition of The Star,could have been used a basis for the prosecution.
"The sudden and abrupt prosecution of Anwar, Azmin and Badrul in connection with the breach of the Dataran Merdeka barricades smack of mala fide on the part of the Najib's premiership because it is clearly designed to pre-empt and avoid any independent, impartial and comprehensive inquiry into this important issue," said the Ipoh Timur MP.
"This is all the more deplorable when the trio have strenuously denied giving the signal to breach the barricades, as borne out by video testimony," said Lim.
Eight key issues
The veteran DAP leader also appealed to the government withdraw all prosecutions regarding Bersih 3.0 rally and to not halt Suhakam's inquiry in getting to the bottom of eight key issues:
- Was there a coup d'etat attempt in Bersih 3.0 to topple the government?
- Why was there a police rampage of excessive, disproportionate and indiscriminate use of force, whether tear-gas, chemically-laced water cannon or physical violence and brutality against peaceful protestors after 3pm and lasting some five hours that day?
- For those who broke through the "barricade", why the police did not just take action against them instead of punishing the vast peaceful majority who had gathered in peace and wanted to disperse in peace?
- Why were some police personnel without name tags and numbers?
- Why were media and press representatives targeted and attacked by the police, with cameras smashed, memory cards removed?
- Why were some of the LRT stations ordered to close after the tear gas/water cannons rampage started? Was it the intention of the police to disperse the people or to "trap" them to "teach them a lesson"?
- Is it true that the airwaves were purposely jammed so that communication was hindered causing further confusion in the midst of a stressful situation?
- Who in the police force or the Home Ministry who were responsible in giving the green light for these human rights violations and disregard of principles for the use of force and firearms by police personnel?
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