Call to AG – drop “attempted murder” and all other charges against Batu Caves 31

The Prime Minister, Datuk Seri Abdullah Ahmad Badawi has asked the Attorney-General Tan Sri Gani Patail to reconsider the “attempted murder” charge preferred against the Batu Caves 31, for which they were denied bail and had been incarcerated at the Sungai Buloh Prison for the past 11 days since Dec. 5.

The denial of bail for the Batu Caves 31 is a blot on the administration of justice in Malaysia, as it is harsh, inhumane and unconscionable, completely indefensible on any ground as the contention of national security advanced by the Attorney-General for the collective incarceration of the Batu Caves 31 until their trial in January and the final disposal of their cases do not stand up to any close scrutiny.

The Attorney-General should not only drop the charge of “attempted murder” of a policeman leveled against all the 31, but he should go one step further and withdraw all other charges preferred against them as well.

Furthermore, the police manhunt for more than 30 others to prosecute them under a similar charge of “attempted murder” as the Batu Caves 31 should also be dropped altogether.

The paramount consideration which should be top national priority is to heal the wounds caused by the government insensitivity and mishandling of the long-standing grievances of the Malaysian Indian community at their political, economic, educational, social, cultural and religious polarization and not to aggravate the deep-seated and legitimate discontents of the Malaysian Indian community with harsh and vindictive reprisals by the various state agencies.

The Prime Minister had given a pledge to representatives of 14 NGOs on Friday that the plight of the Indian community in the country will be addressed.

This pledge would have greater credibility if the Prime Minister’s meeting had not been confined to the 14 NGOs regarded as under the thumb of Samy Vellu and MIC but a truly representative dialogue with the Indian community, including NGOs which are not under the sphere of influence of Samy Vellu and MIC.

Furthermore, the Cabinet must show greater seriousness in its response to the “cry of desperation” of the Malaysian Indians at their long-standing marginalization in the form of the 30,000 peaceful Hindraf demonstration on November 25 and come out with a New Deal for the marginalized Indians instead of just asking the MIC President, Datuk Seri S. Samy Vellu to set up a special committee and a hotline to handle the problems faced by the Indian community.

  1. #1 by Tulip Crescent on Sunday, 16 December 2007 - 2:42 pm

    Datuk Seri Anwar Ibrahim was assaulted while in police custody. He was struck in the temple, very vital areas that could have caused death. We know who struck him.

    What was the charge against the assailant? Common assault, not even aggravated assault or even attempted murder. Why?

    Now, the Hindraf people are being charged for attempted mruder. Why?

    How do you respond when the authorities play fast and loose with the law? Where is the rule of law?

  2. #2 by boh-liao on Sunday, 16 December 2007 - 3:07 pm

    This is wayang time.

    First, Umno and BN claimed everyone is fairly taken care of in Malaysia. Indians are not marginalised. Hindraf claims were baseless. No need to meet and talk with Hindraf over the issues raised by Hindraf.

    Now, PM, with Samy in attendance, met representatives of 14 NGOs to listen to the plight of the Indian community. He even pledged to address the issues.

    Also, the Batu Caves 31 were nabbed and they face various charges, including the charge of “attempted murder” of a policeman. Pretty serious.

    Now, out of kindness and Ini Sakithati Aku, our PM (“I pity them”) has asked the Attorney-General to please consider this representation of the Batu Caves 31 and decide as soon as possible.

    A caring and benevolent PM, indeed!

  3. #3 by Sitiawan on Sunday, 16 December 2007 - 3:50 pm

    BODOHWI is a Clown,
    SAMI BULU is a Joker.
    The Gov is above the law.They twist and turn and they thought the citizens are fool.
    They are Thugs and Swindler.

  4. #4 by k1980 on Sunday, 16 December 2007 - 6:02 pm

    A bully is an individual, thought to be emotionally dysfunctional, who torments others through verbal harassment, physical assault, or other more subtle methods of coercion….Certain common traits have been postulated, in particular of males who bully others. Among these are a need to feel powerful and in control, pleasure at the suffering of others, lack of empathy for others and a pattern of blaming the victim. Upbringing is often blamed for the behavior, especially physical punishment and abuse at home, lack of parental warmth, and a culture of violence as a means of resolving problems. Bullies are often antisocial and disobedient, lack social skills and are often loners.

    Other researchers have identified a quickness to anger and the use of force, addiction to aggressive behaviors, mistaking others’ actions as hostile, a concern with preserving their self image, and engaging in obsessive or rigid actions.

  5. #5 by mata_kucing on Sunday, 16 December 2007 - 6:09 pm

    Don’t worry, the murder charges will be dropped evetually. You can see the spins that’s coming out. The PM knows that public opinion is going against the government on this issue and his popularity is at stake. He’s trying to twist things around so that he will look like a champion of the Indians. The AG will dance to his tune.

  6. #6 by naked taliban on Sunday, 16 December 2007 - 6:39 pm

    Hindraf linked to terrorist ? ., as well as Batu Caves 31.Hey Samy Bulu , why not ban Thaipusam celebration for public safety.

  7. #7 by kwkean on Sunday, 16 December 2007 - 7:20 pm

    Beware guys, is ABB wayang kulit time!! He is gona show how kind he was to release all these Hindraf supporter from murder charge. Old tactic yet still powerful enough to gain support especially from those ding dong fellows who only read local newspaper.

  8. #8 by Cinapek on Sunday, 16 December 2007 - 8:18 pm

    This whole bit about the PM asking the AG to drop charges against the 31 is not only a spin but a face saving act to get out of a embarassing situation.

    I think in their haste to “tunjuk” with the AG personally leading the prosecution to charge the 31 accused, they forgot their basic law. Now that they hav time to review the case further, they must have realised the whole charge may not stick. And since it is the AG himself who led the prosecution, if this case gets thrown out of court, it is MALU big time. Even just by going ahead they are already an international laughing stock. And further, maybe now the Govt is not so sure the judiciary will play ball.

  9. #9 by smeagroo on Sunday, 16 December 2007 - 8:33 pm

    WOuld AG charge them for attempted murder if not for the directives that came from the top? Then now the top wanna play wayang kulit and be the good guy?

    Gv me a break!

  10. #10 by DarkHorse on Monday, 17 December 2007 - 6:17 am

    “The Attorney-General told me(the Prime Minister) that the supporters said they had been misled by the promises made by Hindraf (Hindu Rights Action Force) and that they rejected Hindraf’s activities.”

    Something to be expected of course!

    Do we have a PM here who is a shrewd politician? One who makes himself look good at the expense of his party members who demanded that the HINDRAF supporters be detained? Or one who has forgotten that he ever said those words, “Saya pantang di cabar”?

    Or is it more that he is a flip-flop politician who has no clue as to where his flip-flopping is leading his country to?

    Or is it more likely that he has been manipulated into making his moves, pressured by followers of the one waiting in the wings to take over the reins and then allowed to make his statement to free the HINDRAF 31. Is the stage not being prepared to hasten his political downfall within his political party?

    Perhaps there is something in those conspiracy theories after all.

  11. #11 by DiaperHead on Monday, 17 December 2007 - 7:20 am

    MUBARAK (the association of 1,000 strong former members MPs, senators and state assemblymen) has issued its own statement about HINDRAF leaders being opportunists – which coincides with my own.

    I am an Indian (albeit a bearded one) who does not agree to what Tamil Indians are doing. There are many of us Indians who do not agree. I am also for calling a spade a spade. Indians are generally opportunists because they have been conditioned to behave that way after being forced to live at the margins of Malaysian society – almost in its shadows.

  12. #12 by lakshy on Monday, 17 December 2007 - 8:07 am

    Lets say you were to be herded into a compound, and then locked in. Then water cannons shot at you and you are tear-gassed to boot! Where do you run to? What would you do?

    With the crowds around you impeding movement, and more tear-gas incoming, hitting you on your head and body, what do you do? You are already partially blind and choking! What do you do?

    I would think that to grab the canisters and throw them back would be a question of preserving ones own life. In a democracy, the Individual life and his right to life are important. So when he has nothing else to throw and the tear gas which is blinding him is still choking him, what if his hand which gropes on the grounds grabs something hard and he flings it? Say it is a brick? What is his intention? Isn’t it preservation of life? All he is trying to do is to tell the police to stop tear-gasssing. Did the police stop the tear-gassing when they said “stop, no more, we give up?”

    What’s more, theyw ere locked in, so they could not run forward to teh police in surrender, to be easily picked up by the police. Why was it done in this manner? Isn’t this extreme brutality? Is it because Indians are considered a sub-class? labourers etc?

    So, Is it wrong to protect ones life? Moreso when you consider that they only threw tear gas canisters and bricks, one has to conclude that they were an unarmed crowd. A peaceful crowd that was attacked when they tried to voice their grievance to an un-listening gomen.

    Shouldn’t the police be the ones who are charged for brutality instead? Shouldn’t the Home Minister be charged for crimes against humanity?

  13. #13 by burn on Monday, 17 December 2007 - 8:31 am

    lakshy, what we have here are machines. they’ve been programme to do whatever the master wish.
    machine ni takdo feeling, tak tau mana yang betul dan salah. kalau si master tu tekan butang merah, bergeraklah diaorang macam robot. tapi robot tu kena pakai pertol, kalau takdo, memang tak jalan.

    nak salahkan si robot ni, memang susah, sebab, kalau takdo petrol, diaorang akan stand still. salahkan kepimpinan kerajaan, bukan si robot tu. they are being paid to take orders from above. do they have a choice, yes they do, one choice, leave the police force! but yet, newcomers will always be ready to fill-in.

  14. #14 by Colonel on Monday, 17 December 2007 - 8:39 am

    Let’s not be naive!!

    The BERSIH and other public rallies have obviously exerted a lot of pressure on the police leadership to do something. The HINDRAF demonstration came at a bad time – for HINDRAF. Given the circumstances the government was obviously running thin with their patience and person or persons in charge must have decided to take firm action coming down hard on the side of public order.

    No one for a moment believed that the FRU were there at Batu Caves interested only in crown control. They were there to exact punishment on those who thought they could ignore with impunity police warnings. Some say they were pushed into temple grounds and others say when forced they took refuge in temple grounds like the way Malays took refuge in the compounds of Masjid Jamek. They thought they could be safe. They were not – not in this case as the order amidst the confusion perhaps was obviously given to have tear gas canisters fired into the compounds of the Temple violating its sanctity.

    The rest is history.

    Let’s not be naïve.

    The HINDRAF 31 were charged with attempted murder as a way to hold them in detention till tempers cool down. No one in their right minds believe that the charge could hold and that probably includes the AG himself.

  15. #15 by Bigjoe on Monday, 17 December 2007 - 8:39 am

    Yesterday on NTV7, the simple poll they did showed 81% of their audience want the charges against 31 dropped. This actually surprised me not just the poll result but that NTV7 actually did the poll.

    One suspect that its always been the PM plan to likely drop the charges against the 31. There is and has never been no real political will to go ahead with ‘attempted murder’ charge against the 31. That the AG purpose has always been to provide political excuse to a weak leadership to look good. His plan was always to drag the trial for long time until the situation is diffused and then have the PM get a pardon for them and look good.

    While the poll sample is small but it still reflective of urban voters. The PM is not crazy to alienate 50% of voters by going to far with 31. The AG plan is likely to have been to drag any trial for a long time until the situation is diffused or the PM says to let them go.

    If what I suspect to be true, this PM leadership is even more pathetic than I thought. That he thinks a scheme like this could be pulled off, its just ridiculous for times like these.

    If the drop the charges later and give credit to the PM for it, then we know its all been just another extension of politics into law and order into this country, something this PM don’t get negates any good of moderation he is trying to do.

  16. #16 by burn on Monday, 17 December 2007 - 8:48 am

    why other BN components keeping mum. can’t they see what is happening. this people have families too. help them for heavensake! don’t be a tunggul, it does not matter who’s right or wrong, they’re human being too. show ur blady balls.

  17. #17 by ktteokt on Monday, 17 December 2007 - 9:28 am

    Charges are for them to press, innocence for God to judge!

  18. #18 by madmix on Monday, 17 December 2007 - 11:54 am

    By the AG’s logic, every case of assault should be classified as attempted murder as hitting a person can sometimes cause death. So all snatch thieves, robbers who hurt their victims etc. should be charged with attempted murder and denied bail.

  19. #19 by Bigjoe on Monday, 17 December 2007 - 12:57 pm

    Just came over the wire that the charges has been dropped? What did I tell you? It was just for show only.. Tommorrow papers will trumpet thanks to the PM and how the 31 regret their actions…

    Its so silly….

  20. #20 by Jonny on Monday, 17 December 2007 - 2:11 pm

    We Malaysians are really senile and nyanyuk lot.

    This looks very much like Wong Ming Chee’s Negaraku ku’s case.

  21. #21 by Malaysia for Malaysians on Monday, 17 December 2007 - 11:35 pm

    Malaysia = UMNO’s playground;) Keep voting BN!!

  22. #22 by ktteokt on Thursday, 20 December 2007 - 9:48 am

    On one side – HINDRAF members assembling peacefully without weapons
    On the other side – FRU men fully armed
    Now tell me how can those without weapons commit murder compared to those who are fully armed? What illogical things to say!!!!!!!!

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