Three Bandar Mahkota Cheras residents involved in a demonstration at the Cheras-Kajang Highway on Jan 21 are suing the police over assault during their arrests.

Plaintiffs Tan Boon Wah, Ho Chee Loong and Ho Chee Hui claimed that the police, including plainclothes officers, had assaulted them with their hands and batons.

According to their statement of claim, the police also injured Tan and Chee Loong in the genitals. Tan also claimed that the zipper of his trousers were undone as a result of the incident.

They have named Kajang police chief ACP Rosli Mohd Nizam, the Inspector-General of Police and the government as defendants.

The case was slated for mention today at the Sessions Court in Bandar Baru Bangi, but was postponed to Nov14 because Magistrate Judge Rohani Ismail was unable to attend.

The plaintiffs did not specify the quantum of damages sought, but the ceiling for civil cases at the Sessions Court is RM250,000.

Met at the court today, Tan said the purpose of the suit was to show that the police were wrong to have assaulted him and the other plaintiffs.

"We're not doing this for money. On principle, the police should not assault people," said Tan, a computer engineer.

He also heads the Bandar Mahkota Cheras Free Access Road Action Committee, a community lobby group that is trying to pressure the authorities into removing a concrete barrier that bars motorists from by-passing a toll booth on the Cheras-Kajang Highway.

Their lawyer Lim Lip Eng ( photo ) said the Attorney-General's Chambers had indicated in a letter that it would proceed with the case, but that it has yet to reply to the plaintiff's statement of claim.

Lim said his clients would have settled for an open apology and are disappointed that the police are trying to defend their actions.

"Since they want to defend their actions, we have proceeded with the case and intend to go all the way," he said.

Developers seek declaration

Tan, Chee Loong and Chee Hui were among some 21 protestors detained during the demonstration against the hike in toll rates at five major Klang Valley highways from Jan 1.

The trio were held for several hours at the Kajang police district headquarters but were never charged with any offence.

In a related development, Bandar Mahkota Cheras developer Narajaya Sdn Bhd has applied for a declaration at the Kuala Lumpur High Court for the removal of the barrier obstructing access to the township of about 37,000 residents. (See map below)

The company, a subsidiary of conglomerate Lion Group, is also seeking a declaration that it is entitled to "lawful and unobstructed" access to the Cheras-Kajang Highway at the Bandar Tun Hussien Onn interchange, where the barrier is located.

Narajara has named Cheras-Kajang Highway concessionaire Grand Saga Sdn Bhd and the Malaysian Highway Authority as respondents.

The application was made on Oct 4. A mention date has yet to be fixed.