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Saturday, April 25, 2015

Don’t make rash statements on church protest, Malaysian Bar tells cops, ministers

President of the Malaysian Bar Steven Thiru says education, discourse, understanding and awareness are the key to unity and harmony. – The Malaysian Insider pic, April 25, 2015.President of the Malaysian Bar Steven Thiru says education, discourse, understanding and awareness are the key to unity and harmony. – The Malaysian Insider pic, April 25, 2015.
Police and members of the Cabinet should refrain from making comments whether a crime has been committed in the Taman Medan church protest when investigations are still ongoing, president of the Malaysian Bar Steven Thiru said.
"Cabinet members should avoid rash statements suggesting or directing that there should be prosecutions for these crimes," Steven said in a statement.
His remark appeared to be a veiled reference to Home Minister Datuk Seri Ahmad Zahid Hamidi and Inspector-General of Police Tan Sri Khalid Abu Bakar's contradictory reactions to the protest last Sunday.
"We do not see it as seditious as it did not touch on Christianity but only on the location of the church," Khalid had told a news conference.
However, Ahmad Zahid later said that the action of the protesters, who demanded the removal of a cross displayed outside the church, was seditious.
"Of course! Yes, yes, yes!"
"I am very colour-blind. The police (are) very colour blind. Action has to be taken or will be taken against them."
Steven added that there should be no prosecution against any person who protested against the church in Taman Medan under the Sedition Act 1948. 
"In any event, the use of Sedition Act will not solve the apparent underlying fissures in that community, which could be due to intolerance, prejudice or distrust.”
Steven said any prosecution would only serve to compound the problem.
"The Sedition Act is not, and cannot be, the panacea for discord or conflict in society.
"Education, discourse, understanding and awareness are the keys to unity and harmony, and not archaic laws that trample on fundamental liberties and prescribe harsh penalties," he added.
Steven said if there was any unlawful conduct in the Taman Medan incident, action should be taken against the protesters under the provisions of the Penal Code for rioting or criminal intimidation.
Criminal lawyer M. Visvanathan said Steven's remark was timely because the function of the police was solely to classify a criminal case and investigate.
"It is the function of the public prosecutor to decide whether to frame charges based on evidence collected by investigators.”
Visvanthan said it was inappropriate for Zahid or the IGP to comment when investigations were still in progress or else it could be misinterpreted as an interference.
Some 50 residents had on Sunday gathered outside the new church, which is housed in a corner shop lot, to demand that the cross affixed to the building be removed claiming it was "challenging Islam" and could sway the faith of the youth.
The cross was taken down by church leaders a few hours later.
- TMI

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