Lawyer Lim Lip Eng, representing the three plaintiffs, said the judge Mohammed Mokhzani Mokhtar gave three reasons in dismissing the case.
"He said this was an illegal assembly; that the protestors had failed to disperse when ordered; and that the police had applied reasonable force to disperse and arrest those concerned," said Lim
The finding was delivered in court in a two-minute oral judgment this morning. The judge also awarded costs to the respondents, but the quantum has yet to be decided.
While declining to comment directly on the ruling, Lim pointed out that no one has been charged with the purported 'illegal gathering'.
"I am disappointed that, despite video evidence being tendered showing the police brutally assaulting us, punching and kicking repeatedly, the judge has still ruled in the government's favour," he said.
"We have one month to appeal. I shall discuss this with the plaintiffs and we will inform the press if we shall appeal the decision."
The civil suit, filed in May 2007, named the inspector-general of police, Kajang police Chief Rosli Mohd Nizam, the government, police personnel Azman Atan and others on duty, as respondents.
In the incident on Jan 21, 2007, some 40 residents and activists had gathered to protest against the Grand Saga Highway concessionaire, which had blocked off a slip road into their community, thereby forcing residents to enter and exit the area by way of the new toll highway.
The civil suit, filed in May 2007, named the inspector-general of police, Kajang police Chief Rosli Mohd Nizam, the government, police personnel Azman Atan and others on duty, as respondents.
In the incident on Jan 21, 2007, some 40 residents and activists had gathered to protest against the Grand Saga Highway concessionaire, which had blocked off a slip road into their community, thereby forcing residents to enter and exit the area by way of the new toll highway.
The plaintiffs alleged they had been injured in the melee that ensued when police rushed at them ahead of the time given for them to disperse.
'No regrets'
Mahkota Cheras Free Access Road Action Committee president and a plaintiff Tan Boon Hwa told a press conference at the court complex that the protestors had not been given enough time to disperse.
Another plaintiff H
o Chee Loong agreed: “I am disappointed with the decision but I think that citizens should stand up for their rights.”
Mahkota Cheras Free Access Road Action Committee president and a plaintiff Tan Boon Hwa told a press conference at the court complex that the protestors had not been given enough time to disperse.
Another plaintiff H
o Chee Loong agreed: “I am disappointed with the decision but I think that citizens should stand up for their rights.”The third plaintiff was his brother, Chee Hui.
Lim added that his clients are all resolved that they do not regret their action as this had eventually ensured that the slip road has remained open up to today.
The police arrested 21 protestors in two spots along the Grand Saga Highway linking Kuala Lumpur and Kajang during the incident.
The demonstration coincided with the third in a series of protests organised by Protes - a coalition of opposition parties, civil society groups, trade unions and student groups - against higher toll charges at five Klang Valley highways with effect from Jan 1 that year.
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