Sessions judge Azimah Omar was told by lawyer GK Ganesan (photo) - who is acting for the accused charged under Section 27(5) of the Police Act for illegal assembly - that representations were made to Attorney-General Abdul Gani Patail on Jan 20.
“We will need time for the AG’s response,” he told the courtroom filled up by the accused - all present to hear the charges read to them.
The duplicity of charges and the conflicting numbers caused a minor confusion in the court as the people who were initially charged in the Selayang Magistrates Court were consolidated with those charged in the Shah Alam Sessions Court today.
Senior deputy public prosecutor Mohd Yusof Zainal Abiden subsequently slapped 11 people with an additional charge under Section 149/440 of the Penal Code - for causing mischief in illegal assemblies.
Resulting from this, a total of 64 people have been charged for illegal assembly and mischief under Section 149/440 of the Penal Code.
Another two individuals face only an illegal assembly charge.
From the 66 charged, 26 pleaded guilty and are due for sentencing.
Meanwhile the remaining 40 other from Selayang Magistrates Court all claimed trial.
The outcome for all 66 people in the joint trial is subject to the outcome of the representations made to the AG by Ganesan.
The punishment for illegal assembly is a fine of not less than RM2000 and not more than RM10,000 and imprisonment for a term not exceeding one year.
Meanwhile, the penalty for mischief is imprisonment for a term which may extend to six months or a fine; or both.
They were all arrested on Nov 25 last year for allegedly participating in the Hindu Rights Action Force (Hindraf) rally which saw 30,000 Indians taking to the streets of Kuala Lumpur.
Police had used chemical-laced water and tear gas to disperse them.
Bail condition burdensome
PKR supreme council member N Gobalakrishnan was among those charged with illegal assembly and mischief.With an anti-Internal Security Act pin on his shirt, he was seen shaking hands with other accused before having the charges read out to him.
Lawyer Ravi Nekoo also tried to get Azimah to set aside the condition whereby the 40 accused have to report to the nearest police station every month.
According to him, the accused have not been given a document issued by the court concerning the bail order and the condition.
“They end up reporting to the police station without any documentation and the police does not record their attendance.
This is most inconvenient to them,” he said.Ganesan added that several were harassed by the police officers ‘asking a hundred questions’ and demanding for various things as proof.
However, the request was turned down by Azimah who said the authority to withdraw the condition lies with the Selayang Magistrates Court judge who made the order.
She later offered to issue a letter for the all the accused to show the police. Mohd Yusof also agreed to assist in getting the proper documentation from the Selayang magistrate for the accused.
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