Lawyers already told procession to Parliament not allowed – police

The police contended they did not falsely imprison lawyers during last year’s Walk for Judicial Independence (WFJI) as the Malaysian Bar was already informed that any procession to Parliament was not allowed.

In a statement of defence against the Bar’s lawsuit seeking compensation for preventing the mass lawyers walk to the august house on June 17 last year, the authorities claimed they informed the legal practitioners about the restriction prior to the mass gathering at Padang Merbok car park along Jalan Parlimen, Kuala Lumpur.

The police claimed that this followed on the heels of them receiving objections from a nearby school, Akademi Seni Budaya dan Warisan Kebangsaan (ASWARA) and Bank Negara Malaysia (BNM) against the proposed gathering.

The Bar’s WFJI sought to raise public awareness of MACC’s investigation against Court of Appeal judge Mohd Nazlan Mohd Ghazali, who presided over the RM42 million SRC International corruption case against former prime minister Najib Abdul Razak.

“The plaintiffs were never prevented from leaving the assembly area. The plaintiffs were not surrounded (dikepung) and were free to leave the Padang Marbok car park.

“They were only barred from proceeding to the Parliament building. The allegation of false imprisonment is a misstatement (suatu salah nyataan) under the law.

“Furthermore, the police succeeded in stopping the procession attempt in light of the plaintiffs being informed several times that no forms of any procession were allowed,” the police said in the statement of defence filed on Dec 22 last year, sighted by Malaysiakini.

The authorities further contended the lawyers were not arrested or detained during the gathering at the material time and denied the plaintiffs’ claim that the no-procession terms were “under instructions of higher-ups”.

The police alleged that the actions of the six defendants - Dang Wangi police chief Noor Dellhan Yahaya, Dang Wangi Criminal Investigation Division chief Nuzulan Mohd Din, the police, the inspector-general of police (not named), home minister (not named) and the government - are protected by the Government Proceedings Act 1956, the Criminal Procedure Code (CPC), the Police Act 1967, and other laws relevant to the case.

They also denied the plaintiffs’ claim of violation of the fundamental right to personal liberty, equality before the law, freedom of movement and peaceful assembly enshrined under Articles 5, 8, 9 and 10 of the Federal Constitution.

The plaintiffs in the civil action are the Bar, its president Karen Cheah, its vice-president Mohamad Ezri Abdul Wahab, its secretary Anand Raj Balasubramaniam and its treasurer Murshidah Mustafa.

They claimed that the defendants perpetrated false imprisonment against them by preventing members of the Bar from marching from Padang Merbok to the main Parliament entrance from 10am to 11am, on June 17 last year.

The legal action is fixed for case management before the Kuala Lumpur High Court registry tomorrow.

The plaintiffs are represented by counsel from the law firm AmerBON, while the Attorney-General's Chambers (AGC) is acting for the defendants. - Mkini