Police refusal for five lawyers to meet their clients in the May 7 incident at the Brickfields police station was to avoid an uncontrollable incident, a Human Rights Commission (Suhakam) public inquiry was told today.

DSP Judy Blacious Pereira, who is the Brickfields police station criminal investigation department chief, said he had to take the action under Section 28A(8)(b) of the Criminal Procedure Code as the five lawyers refused to follow police orders, as well as to avoid an “uncontrollable incident”.

Besides that to ensure police could record the statements of the lawyers' 14 protesters who were detained for attending an illegal gathering in front of the Brickfields police station on the night of May 7, he said.

Pereira said this when giving evidence in the inquiry chaired by commissioner Muhammad Shafee Abdullah, and assisted by commissioners Dr Micheal Yeoh Onn Kheng and Dr Denison Jayasooria.

The inquiry that began in August is to determine, among others, whether the detention and arrest of the five lawyers at the Brickfields police headquarters on May 7 are a denial of legal representation and a breach of Article 5 of the Federal Constitution and section 28 of the Criminal Procedure Code and therefore, tantamount to a violation of human rights.

The five lawyers, Fadiah Nadwa Fikri, Murnie Hidayah Anuar, Ravinder Singh Dhalliwal, Puspawati Rosman and Syuhaini Safwan were detained at 9.30pm on May 7 and released the next day.

Supt R Munusamy is an observer for the police in the inquiry.

Safety concerns

Pereira said besides that police had the right to record any statement from those detained and could not be postponed after considering the safety of others.

"Police have the right to do that to prevent danger from those gathered outside the station. This was also because when all the lawyers went to meet their clients it will be more uncontrollable," he said.

Pereira said the action was taken after considering the situation could become chaotic as the 14 detained "only knew how to shout and this attracted the attention of people outside."

"The presence of the lawyers could complicate the situation as they all wanted to meet the lawyers and refused to cooperate with us to the point of affecting the situation in the station which must also pay attention to other matters including taking peoples' reports," he said.

When asked why police arrested and detained the five lawyers when on the day of the incident there were many others at the same place, he said it was because the five lawyers refused to disperse even though orders had been issued several times.

Pereira said at the time of the incident besides the five lawyers there were 30 participants of the illegal gathering, where 15 wore black shirts and 15 more held candles, in the compound of the police station.

The inquiry in the Suhakam inquiry room on the 29th floor of Menara Tun Razak here continues on Sunday.

- Bernama