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The police placed barricades cordoning off Dataran Merdeka at last week’s Bersih 3.0 rally beyond the areas outlined in the court order, therefore PKR member R Tangam did not breach any laws, claimed his lawyer, Latheefa Koya.
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“But the police placed the barricades at Jalan Tun Perak, blocking off everyone from getting anywhere near Dataran Merdeka. The police breached their own order, in our opinion,” she said.
“So Tangam did not breach any court order as stated in the charge sheet,” said Latheefa.
The police had obtained a court order barring supporters of Bersih 3.0 rally, which planned for a sit-in at the location last Saturday.
Over 100,000 had reportedly participated in the peaceful sit-in protest, but mayhem ensued after the riot squad fired tear gas and water cannon, presumably after the protesters breached police barricades blocking the square.
Kuala Lumpur police chief Mohmad Salleh announced yesterday that 49 individuals suspected of having violated various laws in participating in an unlawful assembly and defying police orders have been identified and urged them to report to the police immediately.
On Wednesday, the police arrested and obtained a three-day remand order for Tangam under Section 440 of the Penal Code for committing mischief during the protest.
The Rasah PKR deputy chief, was however released on bail yesterday.
Section 440(a) reads: “Whoever commits mischief while taking part in an unlawful assembly or in a riot shall be punished with imprisonment which may extend to five years, and shall also be liable to a fine”.
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