2009/09/09
By V. Anbalagan
SHAH ALAM: At least 12 people who took part in the cow's head demonstration will be charged today for uttering seditious words and participating in an illegal assembly.
State police chief Datuk Khalid Abu Bakar said the suspects would be produced in the Shah Alam lower court where they were expected to be charged under the Sedition Act and Police Act.
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Head of prosecution in the Attorney-General's Chambers Tun Abdul Majid Tun Hamzah said they would charge the suspects only after all of them had been informed.
"The suspects were not held in remand by the police to produce them in court immediately."
On Monday, Attorney-General Tan Sri Abdul Gani Patail said those who carried the cow's head, and later addressed the illegal gathering while stepping on the head, had been identified.
He decided to charge some of the suspects with uttering seditious words, an offence under Section 4(1) of the Sedition Act .
Those found guilty could be jailed for up to three years and fined up to RM5,000 or both.
The suspects also face a substitute charge under Section 298 of the Penal Code for uttering words with deliberate intent to wound the religious feelings of another person.
Those convicted face a maximum one year jail sentence, a fine or both.
Gani said all the demonstrators would also be charged with taking part in an illegal assembly, an offence under the Police Act.
On Aug 28, some 50 residents of Section 23 in Shah Alam protested outside the state secretariat building about the relocation of a 150-year-old Hindu temple from Section 19 to their neighbourhood.
The incident sparked a nationwide outrage as the protesters were seen stepping and spitting on the cow's head.
The cow is deemed sacred by Hindus.
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The Malay Mail
Sedition charge unfair, says lawyer
Kamarul: My clients didn't bring cow head
THE 12 people to be charged in court this morning for the controversial 'cow-head' incident on Aug 26 are expected to plead that their intentions to conduct the protest that day had been misconstrued and had been unfairly turned into a religious issue.
Kamarul Irzuan, one of the lawyers representing the 12 to be charged, also said that his clients had told him that they don't know who even brought the cow head in the first place as it was never part of their plans.
"None of my clients brought the cow head as it had nothing to do with the main messages they wanted to send in their memorandum to the Selangor State government."
Kamarul said the main grouse was that the Section 23 Shah Alam residents felt aggrieved the State government had decided to locate a Hindu temple within the mainly Muslim community without even consulting them first.
"There isn't anything religious or racial about such a concern because there are hardly any Hindus here in the first place and why would anyone want to inconvenience them to come to a strange new place? The residents wanted the State government to explain this rationale."
Kamarul further said that the Section 23 residents also wanted to know why the Hindu temple was being relocated in the first place since there didn't seem to be any real reason for it to be moved.
"The residents felt it was an arbitrary decision that was unfair to both Hindus and Muslims, and wanted the State government to reconsider as the decision seemed very high-handed."
He spoke to Malay Mail after the 12 were summoned to the Shah Alam district police headquarters at 9pm yesterday. After being questioned, all 12 were released on personal bonds at 12.30am and were instructed to appear at the Shah Alam Sessions Court at 9am today.
Kamarul said the 12 had yet to be told what charges they would be facing, but he expected all to be charged for illegal assembly under Section 27 of the Police Act.
He also expected six of them to be charged under Section 1 and Section 4 of the Sedition Act, and felt that it would be unfair for this charge to be made.
Kamarul also drew a comparison to the recent case of a pig head that was dumped at the Universiti Malaya surau in January. The carcass had been placed in a Pas flag in a surau located in the Islamic studies academy.
"What happened in that case?" he asked.
"Why was there no big legal controversy like what is happening now? Furthermore, my clients had no religious extremism in mind when they did what they did. Is it fair then that they are persecuted for something they had never intended?"
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'What new location?' ask Section 23 residents
SHAREL: Not aware of the new proposed site
“The residents here and those from the action committee are not aware about the new proposal,” said Section 23 representative, Sharel Mohd Nor, when contacted last night.
The new location is in Section 23, just 100m away from the disputed site proposed earlier, and 400m from any house in the area.
“We thought it was just a rumour. We will have to wait for the official proposal and see if it is okay,” he said.
Sharel added if the Selangor State government was still firm with its decision to relocate the temple to their area, the committee would meet with Selangor Menteri Besar Tan Sri Abdul Khalid Ibrahim to find a better solution for the issue.
On Aug 28, more than 100 people gathered in an illegal demonstration to protest the relocation of the Sri Maha Mariamman temple in Section 19 to Section 23, Shah Alam.
During the assembly, a group of Muslim protesters trampled on a severed cow’s head in protest at the building of the Hindu temple.
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