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Access to lawyers denied

On 15/10/98, at the KLCC at about 11.00 am, participants to the Asia Pacific Assembly (APPA), together with others demonstrated in front of the KLCC. The Oficer in Charge of the Police District was ther together with a great number of police personel (uniformed and plainclothed). Around the corner, from where the demonstration was being held there were also about 5-6 of the infamous FRU (Federal Reserve Unit). But the police never asked the demonstrators to disperse..(and there were no arrests). These demonstrators, which numbered about 300 later dispersed at about 12.15 pm. Note that there were also chants for Mahathir to Resign and also "Reformasi".

Later, at about 1.30 part of these group and others demonstrated in front of the KLCC chanting slogans for Mahathir to Resign. The group was multiracial. Of the 150 - 200, the were about 50 Indians and many Chinese as well, all of whom were Malaysians. At about 2.30pm, a red FRU truck came and sprayed these demonstrators with dyed water. Many members of the media and curious on-lookers were also sprayed. Plainclothes policemen were seen chasing these demonstrators all over the place into the Suria Supermarket...and at last 7 persons were detained (But surprisingly, they were all Malays...WHY?)

When lawyers from the Legal Aid Centre sought information about the numbers detained and where they were being held, the lawyers were conned into believing that the police had only detained 5 persons, and that they were all placed in the Campbell Police Station. In fact, 2 other persons were held at the Stadium Police Station. Why this deception?

On 16/10/98, the lawyers from the Legal Aid Centre put themselves on record in writing that they are representing all those detained in connection with the said "illegal" assembly. In fact, one other lawyer also put himself on record in writing for one of those detained.

The investigating officer, one Bala, was aware of this fact. In fact all the police officers in the remand room was aware of this. When the Magistrate arrived, the police asked the said lawyers to wait outside the remand room, and were informed that they would be called when the said cases were called up. The Magistrate, one Puan Fathiyah, also should have been aware of the presence of the said lawyers - what more with the two letters informing her.

It should also be noted that the police allowed the wife of one of the detainees to meet with her husband and the said detainee specifically agreed that the lawyers from the Legal Aid Centre represent him ( and also the others).

When the cases of the said suspects (detainee) were called up, the Magistrate and the police chose not to call the lawyers in. The Magistrate proceeded to do the remand hearing, and after the order for 7 day remand was handed down, a police officer came out and told the lawyers that the remand hearing of the said suspects was going on.

The lawyers stepped in and protested to the Magistrate that the remand hearing be done again, and that it was totally unjust and against the law to proceed with the remand hearing without the presence of the lawyers on record. The Magistrate then directed the lawyers to wait and that she will hear them after she was done with all the other remand cases.

In the meantime, despite knowing that the Magistrate was going to hear out the lawyers, the police sent away the saupects back to the Police Station. The investigating officer also mysteriously dissapeared.

When the Magistrate ultimately called the lawyers in, it was evident that the said 2 letters was in her possesion. But alas, when the Magistrate asked for the Investigating Officer, the other police officers gave the "blurr look" and said that he must have gone off...they also said that the suspects had been taken away back to the police lock-ups.

After the lawyers explained that they had been on record and should be called in, she responded saying that one of the detainees was a lawyer and that he chose to represent himself and also the other 4. (This story was not consistent with the story the said detainee-lawyer told his wife before he was sent back to the lock-up) The said lawyer-detainee told his wife that he and the 4 others at all times wanted to be represented by the lawyers from the Legal Aid Centre.

From time to time, as other cases were being held, the lawyers also poked their head into the remand room and were told to wait and that they will be informed once the case involving the suspects arrested in connection with the "illegal" assembly was called.

Note:
1. This is a gross violation of human rights - access to lawyers have been denied, despite being on record. 2. The other 2 persons arrested were also secretly and quickly remanded for a further 7 days.
3. The fact that the suspects were subject to a further 7 day remand for "illegal" assembly is odd. To date, the maximum has been 4 days. Even when 132 and 178 persons were arrested and remanded they were only given 3-4 days remand order. Why were 5 persons given this 7-day remand order..surely it will be mush easier for the police to investigate this small number of 5...
 
Published 15 October 98 TOP