Police witness: Lawyers not a threat to national security

By Malaysiakini,

A police officer today rebutted a claim made by Attorney-General Abdul Gani Patail that eight people - including five lawyers - arrested in a human rights march two years ago were a threat to national security.

Investigating officer assistant superintendent Nasri Mansor, testifying in the case against the eight for illegal assembly, said that the accused persons did not pose a danger to the people.

He admitted this while being questioned by defence lawyer M Puravalen.

When the eight accused were charged on Dec 10, 2007, Abdul Gani who led the prosecution had objected to their bail application saying that he believed they would repeat the offence and alleged that some were "notorious" in participating in illegal assemblies.

The AG said the authorities specifically, through the media and in accordance with law, told the public not to participate in the assembly as it was illegal but this group defied the legitimate orders and went on to march.

Abdul Gani (photo) had said that the lawyers' act of defiance would "create the perception that it is okay to defy the authorities".

"This will create disorder and threat to the national security," he submitted then.

Following this, Puravalen today asked the Nasri whether the eight accused persons were indeed a national security threat.

However, his question to Nasri was objected strongly by DPP Raja Rozela Raja Toran who claimed that this had nothing to do with the case, and the questions were not relevant.

"It should not be allowed," she said.

Ready to sue the authorities

Puravalen replied that his clients, who were incarcerated when they were detained, had their liberties curbed.

"Who is accountable at the end of the day for making such statements? My clients had indicated they intend to sue the authorities for their unlawful detention and the remarks passed," he said.

"Remember, when my clients were charged and the AG came and applied that those charged were denied bail as they were 'a threat to national security and public interests'," said the lawyer.

Following this, Sessions judge SM Komathy Suppiah allowed Puravalen to only ask one question.

Puravalen then asked: "Did you make any suggestions in your investigation whether they posed a threat to national security and public interests."

Nasri replied, "No".

The five lawyers in the dock were N Surendran, Latheefa Koya (photo: right), R Sivarasa, Amer Hamzah Arshad (photo: left), and Edmund Bon.

The other accused persons were Nooraza Othman, Johny Anbu @ Abu Bakar Adnan, and Ashraf Sadakathullah.

All of them, except Bon, were charged with participating in an illegal assembly for the human rights march between Sogo shopping complex at Jalan Tuanku Abdul Rahman and CIMB Bank in Jalan Tun Perak on Dec 9, 2007.

They also faced a further charge of disobeying the police order to disperse.

Bon is charged with obstructing Kuala Lumpur City Hall officers from performing their duties in taking down the banner of the Bar Council's Human Rights Day celebration.

Earlier, when replying to questions from Raja Rozela, Nasri considered all of them to be part of an illegal assembly as there were no permits issued by the police and that they were carrying placards and banners throughout the march.

"Furthermore, I know there was no application for a police permit for them to hold the march," said the witness.

When cross-examined by Puravalen, Nasri created a stir in the courtroom by claiming that he was made the investigating officer to the case a day before the arrests.

Argument with Latheefa

Puravalen (photo) then asked if the police had prior intention to arrest the participants, to which Nasri corrected himself by saying that he was made the investigating officer on the morning of the incident.

Earlier in the day, a video recording of the march was shown in court before Komathy.

Puravalen said this was to highlight the discrepancy in the police arrests as no ample warning was given.

After watching the video, another witness, arresting officer deputy superintendent Rotzarn Rashid testified that he was at the scene and was involved in the argument with Latheefa.

"I do not know how much time was given for the crowd to disperse. But I was told to make the arrest," he said.

Rotzarn agreed there were several uniformed men and women who surrounded the participants in a bid to prevent them from marching to Jalan Tun Perak.

Asked by Puravalen whether ample time was given before arrests, the officer agreed there was enough time given.

"During the argument, there was no indication that they would disperse as they intended to walk on to the Bar Council building," Rotzarn said.

The witness said Latheefa said she and the group would walk on to the Bar Council despite the police warnings.

Raja Rozela also informed the court that it was closing its case with Nasri as the last witness.

Following this, Komathy Suppiah fixed April 10 for submissions.