Apcet II trial: Police begin defence

Representatives of the police force have begun relating their side of the story in the RM83 million suit against the police and government over wrongful detention and negligence in what has been dubbed the ‘Apcet II trial’.

Chief Inspector Ng Siew Hiang, the first defence witness, told the Kuala Lumpur High Court that he and his team of seven policemen arrested three Umno members.

The trio were part of a mob protesting against the organisation of the Second Asia Pacific Conference on East Timor (Apcet II) held in Kuala Lumpur 13 years ago.

Ng, 45, testified before Justice Wan Adnan Muhamad that the arrests were made outside Hotel Asia in Jalan Haji Hussein, Kuala Lumpur, on Nov 9, 1996.

"The crowd which was shouting loudly and some were carrying banners. It was getting larger by 1.30pm.

"My superior, Dang Wangi OCPD chief ACP Zainal Abidin Ali, instructed the mob to disperse via a loud hailer,” he testified.

"Some decided to leave but there were some who chose to remain. On instructions from Zainal Abidin, I arrested three men who are Umno members.”

Wan Adnan is a Court of Appeal judge who had been presiding over the case since the trial started about three years ago.

Ng said in his witness statement that those arrested were led to a ‘Black Maria’ and that he lodged a police report at the Dang Wangi police station the same day.

Replying to questions during cross-examination by Ranjit Singh, Ng agreed that the mob comprising Umno members was aggressive and seemed abusive and threatening.

Ng said he had arrived at the scene about 11am, with instructions from Zainal Abidin to monitor the crowd and to ensure there was no further disturbance.

"I know that some in the mob had gone to the fourth floor of the hotel, broken down the door and disrupted the Apcet II conference," he said, although he could not recall how many policemen were present or whether the Federal Reserve Unit were also there.

"The 200 people who were part of the mob downstairs were getting aggressive and violent. I knew that, with the seven with me, we would be able to control the crowd.”

Why no further arrests

Ng said he did not ask the crowd to disperse although he had the power to do, because he was awaiting orders from Zainal Abidin.

The arrests were made after the mob failed to adhere Zainal Abidin's warning at 1.40pm to disperse.

Ranjit: I put it to you that you did not arrest more from the mob besides the three than you did because you received instruction not to arrest more?

Ng: I do not agree.

Ranjit: The troublemakers were just around there and yet you and your team did not arrest more?

Ng: I do not agree.

Ranjit: Were you aware that the Malaysian government did not agree with the organisation of the Apcet II conference?

Ng: Yes, I was aware, with what was reported in the newspapers.

Ranjit: Do you know whether the Home Ministry had notified the Dang Wangi OCPD Zainal Abidin Ali that the government did not like Apcet II?

Ng:

I do not know whether the Home Ministry asked the Dang Wangi OCPD to stop the conference.

Ranjit: Did you attend any briefing by Zainal Abidin regarding the conference?

Ng: No, I did not attend any briefing by Zainal Abidin.

On re-examination, Ng agreed that his presence was to ensure the public security and safety of the people.

The police officer added the 200 protesters were only armed with banners while he and his men had firearms.

Ng said after he arrested the three, he handed them over to an investigating officer Tengku Hamzah Tengku Abdullah.

Hearing continues tomorrow, with Zainal Abidin expected to testify.

Senior Federal Counsels Iznan Ishak and Khairul Nizam Mohd Kamal are representing the government in the suit, filed by 36 local activists and journalists.

In addition to the government, three others named in the suit are all former police officers - then Kuala Lumpur chief police officer Ismail Che Rose, Zainal Abidin and Tengku Hamzah.

Over 100 people - including 10 journalists - were arrested on the opening day of Apcet II, which was held to discuss human rights abuses in East Timor and its struggle for independence from Indonesia. (see chart below)

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

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

Star witness Saifuddin Nasution Ismail, who was then Umno Youth secretary, had earlier testified that the mob was acting on the instructions of then deputy home minister Megat Junid Megat Ayob to stop the conference.

SPECIAL REPORT: Apcet II trial