The RM83 million civil lawsuit filed by a group of human rights activists against the government over the violent break-up of an international conference on East Timor in 1996, was today postponed by the Kuala Lumpur High Court to July 25.

Justice Azmel Ma'amor deferred the hearing which was scheduled to start today, during an hour-long meeting with counsel for both parties in chambers this morning.

Lawyer Ranjit Singh, representing the plaintiffs, told malaysiakini that the matter was postponed as the court wanted witnesses' statements to be served to all parties at least two weeks before the trial starts.

"The judge felt that the arrangement that counsel had made earlier - to exchange the witnesses' statements at the time the witness testifies - was unsuitable. He thought that it would better that the statements be served before the case starts," he said.

Asked if he was ready to proceed with the trial, he said he was, and added that he has nine witnesses' statements prepared already.

Senior federal counsel Mary Lim, who represents the government and the police, said the change of arrangement was due to the complexity of case where the plaintiffs are seeking compensation ranging from RM1 million to RM5 million each.

"The court felt that it (the case) is so complex that the judge felt that the witnesses' statements must be filed and served before each testifies in court," she said when met outside the court.

Judge Azmel has set five days for the hearings to begin on July 25.

Technicalities anticipated

Lim also revealed that counsel could be embroiled on lengthy legal arguments on technicalities even before the first witness is called.

"Before the first witness is called, (we have to decide) the issue of whether the statement filed is admissible or not. So we would be arguing on its admissibility before (the hearing) even starts," she said.

On a related development, Lim said three of the 36 plaintiffs had withdrawn their suits.

"The three are Rajendran Samuel Devaraj, Stephanie Bastian and Ivy Josiah. No reasons for the withdrawal were stated to the court," she said.

Ivy, who is Women's Aid Organisation executive director, is currently a member of the Special Commission on the Police.

Due to the withdrawal of the trio, the damages demanded by the plaintiffs - which is based on a precedent set by an earlier court decision - have been revised to RM83 million.

In 1998, 36 human rights activists and journalists filed a suit against the government, then Inspector-General of Police Abdul Rahim Noor and two other senior police officers - the Kuala Lumpur chief police officer Ismail Che Rose and the Dang Wangi OCPD Zainal Abidin Ali ( photo, right, with plaintiff Dr Syed Husin Ali ) - for negligence and wrongful detention.

Among the plaintiffs are current Malaysian Trades Union Congress president Syed Shahir Syed Mohammad, Parti Keadilan Rakyat deputy president Dr Syed Husin Ali, vice presidents Dr Sanusi Osman and R Sivarasa, information chief Tian Chua and New Era College principal and former parliamentarian Dr Kua Kia Soong.

Malaysiakini editor-in-chief Steven Gan and chief executive officer Premesh Chandran, who were then both journalists for the Sun , are also plaintiffs in the suit.

The group was represented by Kua who issued a media statement outside the courtroom this morning.

Over 100 people - including 10 journalists - were arrested on the opening day of the Second Asia Pacific Conference on East Timor (Apcet II) in Kuala Lumpur on Nov 9, 1996. The conference was to discuss the issue of human rights abuses in East Timor and its struggle for independence from Indonesia.

As the conference was about to begin, a 400-strong group from the Umno Youth-led Barisan Bertindak Rakyat Malaysia (BBRM) - Malaysian Peoples' Action Front - stormed the conference venue, broke down the doors and threatened and assaulted the participants present.

Police moved in about an hour later and arrested the Apcet II participants, who were held in the lock-ups for between one to six days. Meanwhile, 40 foreign participants were deported.

Four Umno Youth leaders including a state assemblyman were later arrested and charged in court with rioting at the Apcet II conference venue. They pleaded guilty and were each fined RM1,500.

Alleged mistreatment

In their statement of claims, the plaintiffs said the police had failed to respond immediately to the violence caused by the BBRM members at the conference venue and were therefore negligent in ensuring their (the plaintiffs') safety.

They also questioned the police for detaining them. The activists claim that the various remand orders made against them were 'improper, invalid and/or not in compliance with the Criminal Procedure Code' and were therefore unlawful.

They are claiming damages for alleged mistreatment by the authorities during their arrest and detention.

The government in its defence statement, alleged that all arrests were bona fide (in good faith) to preserve public order after the participants ignored the police directive to disperse.

The police claimed that they have adhered to all criminal and lock-up rules at all time during the arrest and detention of the plaintiffs.

Apcet II fracas - what they said then