Seven people, including four lawyers, will know next Thursday if they are required to enter their defence for their participation in an illegal assembly for the human rights march two years' ago.

The date was set by Sessions judge SM Komathy Suppiah today after hearing submissions from the prosecution led by DPP Raja Rozela Raja Toran and counsel M Puravalen, who was assisted by lawyer Abdul Rashid Ismail.

tian chua arrest remand 080307 lawyers statement amer The four lawyers in the dock were R Sivarasa, N Surendran, Latheefa Koya ( photo: right ) and Amer Hamzah Arshad ( photo: left ).

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

They also face an additional charge of disobeying the police order to disperse.

It was a procession

Raja Rozela in her submission said the prosecution had proven a prima facie case against the accused person as they took part in the procession.

"This is not a walk but a procession," said the DPP.

human rights day march "There was no license given by the police for the procession and assembly," said Raja Rozela.

The DPP said a procession as stated by one of the witnesses was one where the participants walked while carrying banners and placards.

She said all the evidence adduced showed that the procession took place not only on the pavement but also along Jalan Tuanku Abdul Rahman and Jalan Tun Perak.

This, she said, resulted in traffic congestion and disrupted public harmony.

"The acting Dang Wangi OCPD also testified that he ordered the assembly to disperse," she said.

"A 10-minute period was given to them to disperse but they continued walking. This showed they are guilty towards disobeying police order."

"There is overwhelming evidence to call their defence as the prosecution had proven its case that they violated various provisions under the Police Act.

"Following this, all of the accused should be called to enter their defence," she submitted.

It was only a peaceful walk

Meanwhile, counsel Puravalen who acted for all the accused persons submitted there must be a clear distinction drawn on whether verbal clearance or a police permit was needed in allowing the event.

He said initially the Dang Wangi Acting OCPD had given his clearance for the marchers to walk from Sogo shopping complex to the Bar Council building. However, this was later revoked, resulting in the arrests of the accused persons.

"Was this a right action by the police to give clearance and then to review that decision?" he asked.

human rights day march police block Puravalen questioned the insufficient time given to the crowd to disperse. He said the video evidence shown to court proved this.

He said the police argued a 10-minute dispersal period was given but in fact the arrests took place even before the end of that period.

"You cannot make the arrest on them if there is insufficient time given," said the lawyer.

Puravalen also questioned the prosecution's contention that the event was a procession and not a walk.

However, the lawyer pointed out that whatever it was, it was done peacefully without any untoward incidence.

The counsel also questioned the action by the police on the lawyers as they were not causing public nuisance.

Puravalen emphasised that throughout the event, the participants walked by the roadside and did not break any laws.

Arrested halfway in the march

The Dec 9, 2007 march was held in conjunction with the International Human Rights Day and saw the participation of lawyers as well as others.

human rights day march dang wangi ocpd The police took action to arrest the accused persons after a failed attempt by the organisers of the march to negotiate with the police to allow them to finish their march at their intended spot.

The 100-odd crowd was already halfway to their destination when the 500-strong police force gave the marchers a 10-minute warning to disperse.

The organisers, who believed that they could complete their march within the time limit, wanted to press on.

They were arrested near the Jalan Tun Perak LRT station and were immediately taken to the Kuala Lumpur police headquarters.

Police witness: Lawyers not a threat to national security

Archives - A human rights march cut short Part 1 l Part 2