Sitting outside the Kuala Lumpur High Court, a number of the 36 activists suing the Malaysian government and the police for negligence and wrongful detention recalled what had happened on Deepavali day 1996 and their ensuing experiences.

While speaking to malaysiakini candidly, the activists - some whom were detained up to six days - acknowledged that although the event itself was etched in memory, all details were no longer 'fresh' in their minds.

However there were particular details of the event - that had unfolded on the opening day of the Second Asia-Pacific Conference on East Timor (Apcet II) - that could not be forgotten, they related.

Social and human rights activist Sharaad Kuttan, 38, who was a convener at the conference, said he experienced some form of trauma after police had arrested him and 58 others but that he saw no harm in remembering some of the lighter moments of the ordeal.

"I have had hair loss, weight gain and I was verbally abused by members of the mob. It was a traumatic experience for a young activist. The RM87 million we seek via the lawsuit is inadequate compensation," said Sharaad.

Hunger strike after feast

However, the high-spirited human rights defender joked at how he and some of the other activists held at the Dang Wangi police station after the incident, had enjoyed a good variety of Deepavali 'goodies'.

"In the cell with me and six other conference participants were four detainees held for drugs and Emergency Ordinance (Act) related cases. We (the participants) weren't allowed to see our lawyers so they (the four) could not see whoever came to meet them as well.

"There was this guy whose wife was there to meet him. We wanted them to be able to see each other so we started chanting the couple's names loudly. The police finally gave in and allowed the man to see his wife.

"When he returned to the cell, he brought a large spread of various Deepavali goodies for us to eat. We had a feast. After that, we started our hunger strike," said an amused Sharaad.

'You mean we weren't already detained?'

The conference on Nov 9, 1996 - an offshoot of the 1994 Apcet I meet in Manila, Philippines - was to discuss the issue of human rights abuses in East Timor and its struggle for independence from Indonesia.

The gathering of activists, academics, politicians and members of the media - both local and foreign - was disrupted when a 400-strong group from the Umno Youth-led Barisan Bertindak Rakyat Malaysia (Malaysian Peoples' Action Front) stormed the conference venue.

While speaking to malaysiakini the participants - now plaintiffs - remembered how the angry mob invaded the hotel and acted violently and held them hostage. Some were even physically abused.

They also recalled how the police, who "were slow" in coming to their aid, did not appear at the venue till only an hour later to stop the fracas.

Another ex-detainee Kam Raslan, 38, said he was surprised when the police informed him that they were being arrested hours after being cooped-up in the conference hall.

"We weren't allowed to leave the venue (by the police and the mob). I tried a couple of times unsuccessfully. Then (after about four hours) the police announced that we were going to be arrested. I thought - you mean we weren't already?" said Kam.

Also arrested during the melee were a number of Umno Youth leaders but they were released the same day.

Pressing issue

Both Kam and Sharaad and many of the other participants spoken to today did not express regret attending the conference as it was an important issue to discuss then and it involved a neighbouring state seeking independence.

"Over 200,000 had died in East Timor. One just should be there (at the conference)," added Kam when asked what prompted his participation.

The participants had been dumbfounded by the actions of the police as the conference was a peaceful, legal gathering and discussed issues of human rights violations in a conflict-stricken neighbouring land.

East Timor has since gained its independence.

In 1997, four of the Umno Youth leaders - Saifuddin Nasution Ismail, Nadzri Ismail, Mohamad Supardi Mohd Noor and Abdul Hadi Md Zam - were charged and fined for illegally disrupting the meeting.

Disappointed but patient

The activists however did not have their day in court this morning as the hearing was postponed to July 25.

Leading the applicants in their suit is Parti Keadilan Rakyat vice-president Dr Sanusi Osman ( left ), who had attended the conference as part of the-then Parti Rakyat Malaysia delegation.

Sanusi, who was visibly disappointed with the postponement, said that many of the plaintiffs had taken the day off to attend the hearing. Furthermore the case had been long waiting for its first sitting.

However he and the rest expressed determination to see the suit through.

"We have waited almost nine years. We can continue waiting," they said.

In a press statement ahead of the hearing, Dr Kua Kia Soong, the spokesperson for the Apcet 36 - as the plaintiffs are known - said that "today, the Apcet II organisers have been vindicated".

"In 1996, while they were condemned for 'spoiling the good relations between Malaysia and Indonesia'... the whole world now recognises East Timor's independence and sovereignty.

"We are proud to have contributed to the just struggles of the East Timorese people for self-determination."

However, the court today was told that three of the 36 plaintiffs have pull out of the law suit. 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.

Apcet II fracas - what they said then