Some of the Hindraf members who pleaded guilty at the Sessions Court in Kuala Lumpur yesterday
KUALA LUMPUR: "Imposing a fine is as good as sending you to prison considering your financial status now."
Sessions Court judge Akhtar Tahir had this to say to 27 men who pleaded guilty yesterday to failing to disperse in an illegal assembly organised by the Hindu Rights Action Force (Hindraf) last year.
Some of them had lost their jobs after being charged with the offence on Nov 28.
Akhtar said a jail sentence was unnecessary as they did not show any violent act at the time of the incident.
"This fine has to be substantial. It has to serve as a lesson and not be just a slap on the wrist.
"The few days that you have spent in jail should also be a form of punishment," he said in his judgment before ordering them to be fined RM1,000 each.
He also granted lead counsel N. Sivananthan's suggestion that the court allow them extra time to pay the fine as many of them have lost their jobs. "But they have to pay whatever they can today."
Akhtar said the aggravating factor in the case was that they had failed to disperse despite being told to do so.
"This is a behaviour that should not be condoned. However, the fact that they have pleaded guilty even after 12 witnesses have been called showed they are remorseful."
The group was among 53 individuals who were charged in the magistrate's court for committing similar offences around Jalan Ampang and Jalan Tun Razak between 4am and 1pm on the same day.
Akhtar set next Tuesday to continue hearing the case for the remaining Hindraf supporters who claimed trial. This included a woman.
By noon yesterday, four of the 27 had paid the full amount, while the rest paid RM50.
Earlier, Sivananthan had pleaded in mitigation that the 27 men had no motive to cause problems.
"They were just there to submit a petition to the queen through the British High Commission. They did not want to commit any crime."
He said it was their continued presence in the area which caused them to commit an offence.
Deputy public prosecutor Amir Nasruddin submitted although the 27 were first-time offenders, their unwillingness to disperse showed their intention to commit an offence.
NST online
19/09/08
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