Out-of-court settlement in Apcet II suit?

An out-of-court settlement is on the table over the RM83 million ‘Apcet II’ suit as lawyers representing the 36 plaintiffs acted on 'indications' to give the government this option.

At the outset of the hearing in the Kuala Lumpur High Court today, plaintiffs’ counsel Ranjit Singh said an offer had been formally made to the government this morning.

The government’s legal team, led by senior federal counsel Iznan Ishak, said it would have to discuss the offer with their clients and wait for instructions. The amount was not disclosed.

Asked to elaborate after the hearing today, he said the “parties are looking at the proposals”.

Malik Imtiaz Sarwar (left) , another lawyer for the plaintiffs, confirmed that discussions had begun yesterday after lawyers for the government indicated a willingness to settle the case.

“They indicated the sum they are looking at and (said they) are open to the possibility of an amicable settlement on ex-gratia basis,” he said when contacted this afternoon.

“We are considering the issue of quantum. The door of negotiation has been opened.”

Damages sought

The plaintiffs - comprising activists and journalists - in the Apcet II suit have asked for RM83 million in damages over their wrongful detention and police negligence following their detention in 1996.

They have named the government, then inspector-general of police Abdul Rahim Mohd Noor and two senior police officers - then Kuala Lumpur chief police officer Ismail Che Rose and Dang Wangi OCPD Zainal Abidin Ali - as defendants.

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

As the conference was about to begin, 400 members from the Umno Youth-led BBRM, or Malaysia’s People’s Action Front, broke down the doors of the conference halls, threw chairs and verbally and physically abused the participants.

Police then moved in to arrest the participants, claiming they refused to disperse. The participants were detained between one and six days, while 40 foreign participants were deported.

Saifuddin, who was the star witness, had testified that the Umno Youth-led mob was acting on the instructions of then deputy home minister Megat Junid Megat Ayob to stop the conference.

Malaysiakini chief executive officer Premesh Chandran and editor-in-chief Steven Gan, both journalists at TheSun then, are among the plaintiffs.

SPECIAL REPORT: Apcet II trial