Serdang lawmaker Teo Nie Ching, one of 11 people arrested but denied access to their lawyers last night, has demanded that Home Minister Hishammuddin Hussein should explain the “abuse of power” by the police.

She directed the same question to Brickfields OCPD Wan Ahmad Bahari Wan Ahmad Khalid as his officers had invoked section 28A(8) of the Criminal Procedure Code. This allows the police to stop those arrested from contacting a lawyer.

11 dap members candle light vigil arrest scah pc 200509 05 At a press conference this afternoon in Kuala Lumpur, Teo argued that the “right to legal counsel is a fundamental right in the criminal justice system, (and is) guaranteed by the federal constitution”.

She also claimed that section 28A(8) is “limited to circumstances when they (the police) believe the situation would result to another criminal act if they allow those arrested to communicate with their family or lawyer”.

It should not, she said, be applied to “peaceful people who hold a candlelight vigil who are not a threat to society”.

“Is there any real risk that we are going to commit any serious crime? Why use the section? If they use it, it means we no longer have the (constitutional) right to legal counsel if we are arrested.

“The police officer (OCPD) and home minister should give a valid explanation as to why all those arrested were denied legal access.”

dap members arrest at teresa kok candle light vigil 190509 10 The 11 were detained after holding a candlelight vigil last night to mark the "killing of democracy by the illegal government in Perak".

Among them were Teratai assemblyperson Jenice Lee, DAP politicians and nine party workers outside the service centre of DAP MP Teresa Kok in Seputeh. They were taken to the Brickfields police station, but were released early this morning.

Teo said they are required to report to the same police station on June 3.

Lee to file suit

Lee, meanwhile, said she will file legal action next week against Perak police chief Zulkifli Abdullah for subjecting her to “unlawful arrest” on May 7, during the chaotic sitting of the Perak state assembly in Ipoh.

She claimed that she had not breached any law and that she was arrested while talking to the press at a restaurant that is within 500m of the state secretariate building. Police had earlier obtained a court order to keep people out of this ‘exclusion zone’

11 dap members candle light vigil arrest scah pc 200509 06 Lee, who is DAP Socialist Youth deputy chairperson, said the arrests of civilians did not make sense because the DAP headquarters, shops and houses are all within the area.

“The police wanted us to vacate the area as if we were in a state of emergency. There was no justification to use the court order at all,” she said.

Referring to events after her arrest last night, she said the police had invoked section 28A(8) after she asked to contact her lawyer.

“The Investigating Officer wanted to record my statement, but (I know that) a lawyer (should be present).

“But (since) they refused (to let) me (contact) a lawyer, I did not want to make any statement. A police officer then raised his voice, insisting that I should give my statement as (they only required me to answer) easy questions. I refused, saying I would answer in court if I am charged.”

‘Police wouldn’t cooperate’

Teluk Intan parliamentarian M Manogaran, who acted as lawyer to those arrested last night, claimed that he was denied access to the police station and was told by the OCPD to leave the compound.

The DAP MP said the OCPD was “disrespectful” in ordering the group - including Bukit Bintang MP Fong Kui Lun, Cheras MP Tan Kok Wai and Bukit Tunku assemblyperson Lau Weng San - to disperse.

a kugan detention death funeral ummc to puchong 280109 m manogaran “He came with the loud-hailer, accused us of (being an) illegal assembly and repeatedly told us to leave,” said Manogaran (left).

He also claimed that the police refused to co-operate when asked to keep family members, supporters and the elected representatives informed of the status of those arrested.

They waited for three hours outside the police station before those concerned were released by 3am.

“They (police) should have done their work expeditiously. When I kept asking the OCPD about the status of the investigations, he (responded by saying) ‘don’t teach me how to do my work, I know what to do’,” Manogaran alleged.

Since May 5, the police have made 126 arrests - starting with Bersih activist Wong Chin Huat for urging people to wear black to protest the Perak government takeover by Barisan Nasional.

Almost 70 people including Pakatan Rakyat elected representatives were held on May 7, after gathering outside the Perak secretariat building.

There were also arrests of those protesting Wong’s detention. Five lawyers were locked up overnight when they asked to meet those detained.

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