Police can use "reasonable" force to disperse illegal assembly

Source of video: http://www.youtube.com/watch?v=ryf0wY7yWqo (malaysiakini.tv)

Source of news: http://www.sun2surf.com/article.cfm?id=57330 (8/2/2011)

Police can use "reasonable" force in dispersing an illegal assembly, ruled a sessions court judge when dismissing a civil suit brought by three participants against the Malaysian government, the Royal Malaysian Police and several others for police brutality. It was one of three reasons given by Bandar Baru Bangi Sessions Court judge Mohammed Mokhzani Mokhtar today in the civil suit filed by Kajang municipal councillor Tan Boon Wah, and two brothers, Ho Chee Loong and Ho Chee Hui. The three were seeking damages for alleged police brutality inflicted on them when they participated in a 2007 protest over a barrier built by highway concessionaire Grand Saga Sdn Bhd. Others named in the suit are then-Kajang OCPD ACP Rosli Mohd Nizam, police lance-corporal Azman Atan and several IPD Kajang policemen.

The protest, participated by 40 people, was one of several by Bandar Mahkota Cheras residents against the concessionaire between 2006 and 2008 over a three-foot tall concrete barrier blocking a slip road to their township, and forcing residents to use the highway to enter and exit the area. The road was finally opened in May 2008.

Speaking to the media after the judgment, counsel Lim Lip Eng gave the three grounds for the dismissal of the suit, which saw 12 witnesses after it was first filed on Oct 15, 2007 and closed last November. "The judge ruled that that indeed there was a illegal assembly by the residents, and that the residents who took part in the illegal assembly refused to obey the instructions from authorities, especially the police. "So, as a result, the police had to take necessary action by using reasonable force on them," said Lim, who added that the plaintiffs have one month to appeal. He also pointed out that despite many arrests, criminal charges had yet to be made against any participant in the protests.

Meanwhile, Chee Loong said that despite losing, he felt proud of his actions. "I feel proud as our road is now open. I tell the rakyat that if there is a problem, we must be brave to stand up and claim our rights," he said.

However, Tan, who is also Mahkota Cheras Free Access Road Action Committee president, expressed disappointment with the decision. "We had video evidence showing the two brothers being beaten by a police officer. But the court decided in favour of the government. "I wish to stress that the constitution says Malaysians have fundamental freedoms, and we can have peaceful assemblies," said Tan, adding that they had brought no weapons that day, and the police did not give them time to disperse.

Related news: Abuse suit against police dismissed http://www.nst.com.my/nst/articles/14jgtan/Article