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UPDATE: Both Rajendran Devaraj and Stephanie Bastian will be remanded for a further 4 days On 18/10/98, all suspects were represented by the Pusat Bantuan Guaman Kuala Lumpur. The police were applied for 14 days remand whilst the lawyers asked that the suspects be released immediately, and the said application for extention of time under s.117 Criminal Procedure Code be rejected. All persons, except one woman, informed the Magistrate, Puan Wan Rufaidah, that their s.113 statement had been taken. (This was confirmed by the investigating officers, one Insp. Zulkarnain and Insp. Zaidy).The suspects also informed the said Magistrate that their photographs ("mug-shots") had been taken. The reason for the police application for extension of time, amongst others, was for the police to study the photographs taken at the "demonstration" to verify that the suspects were part of the said demonstration. Another reason given was that the police needed time to investigate and determine the "masterminds" behind the said demonstration. The lawyers raised the following points, amongst others: 1) Since the caution statement (the s.113 statement) had been taken and the "mug-shots" had been taken, there was no reason for the suspects to be further detained.In normal practice, once s.113 statements have been recorded the police will not do any further interogation...there is no provision for the recording of any other statements ( let alone a second s.113 statements.) 2) That further detention cannot be used for the police to investigate who the "masterminds" were. The police after all had all the information about the suspects and could use the s.111 CPC procedure to require anyone (including the said suspects) to come to the police station to assist them in their investigation and further if needed get a s.112 statement from them. One cannot detain persons simply to assist the police in this investigation. 3) It was also noted that all the suspects were Malaysians, and the police had information about their residential address and their office/school address- there will be no difficulty in finding this suspects....(once the police photographs were developed). 4) It was also pointed out that there is no necessity for demand because there is always the possibility for the police to release the suspects on police bail requiring their attendance on a later date at the police station for continued investigations, if needed. The police also said that since a lot of them alleged bbeing beaten during the arrest...time was needed for the police to send the said suspects to the KL General Hospital for treatment. The lawyers also raised the point that since unreasonable force was used during arrest, that made the arrest wrong in law and therefore void. That means the suspects should be immediately released. Sending to hospital is not a reason for extension of remand. Release them and they can go on their own to get the necessary treatment. The point about the investigation diary was also raised by the lawyers, but the Magistrate said that the police had submitted the said diary and she was satisfied. Almost 80-90% of the suspects informed the Magistrate that they were beaten, slapped, punched and/or kicked. Many had bruises and cuts.Some of the women were also beaten. The police, since arrest on 17/10 until then had not send any of the said suspects to the hospital for medical treatment. At the end of the remand hearing, the Magistrate ordered that the police send all the suspects who were beaten, etc.. to the hospital for treatment (despite this order, the police only began sending the suspects to hospital sometime at noon on 19/10). Many were hit on the head... surely a delay would be a real risk...they could have injuries that could be concussions and/or could develop into blood clots and this are serious and could be fatal. The Magistrate also ordered the police to allow the suspects who wanted to make a report about the said beatings the opportunity and liberty to do so. Until 3.00pm on 19/10 no such reports were made. Since access to lawyers and/or family were denied, one can only speculate that this right to make a police report has been denied. During the remand proceedings, the lawyers asked the Magistrate for access to the said suspects (which is right in law) for them to get instructions. Access of 20 minutes only was given to 69 suspects in the Dang Wangi Police Station (near the Stadium). The lawyers had to stand at the lock up door and talk to the suspects though the grills, with police officers present outside the door and inside the lockup. At any one time only two detainees could be met. This was most inconvenient and most definitely inadequate...(more than 3 per minute...????) No instrutions could be taken from the women suspects and time was given to kget instructions from the remaining men but this was in a corridor with a lot of police present. No privacy and very inadequate). I personally was informed by some policemen earlier at the station that about 3 policemen (plainclothed) were also beaten by the police mistakenly. They were complaining of pain on theirn back. This shows how indiscriminate the police beating and arrests were. A few men who were arrested were apparently queuing up at the MacDonald's at the Dayabumi Building to buy food, when they were arrested. Many passer-by were also arrested. Amongst them, was a 15 year old school boy who was waiting to be picked up by his parents. (The boy was released as the Magistrate ordered so). 15 Women and 4 men were ordered to be detained for a further 3 days (from 18/10 until 20/10). All the rest, including two women (Stephanie and another) were ordered to be remanded for a period of 4 days (18/10 - 21/10). |
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| Published 18 October 98 | TOP |