The Attorney-General's Chambers did not charge the five lawyers and 15 others who were arrested for refusing to disperse during an unlawful assembly because there was no element of violence or force, a public inquiry was told today.

Investigating officer ASP Hoo Chang Hook told the Human Rights Commission of Malaysia (Suhakam) conducting the inquiry that the police referred the case to the Attorney-General's Chambers after the arrests of the first wave of 14 people and the second wave of five lawyers and a journalist.

bar council lawyers protest at jalan duta court detained 5 lawyer at brickfields police station 080509 03 He said that after a discussion with deputy public prosecutor Tun Abdul Majid Tun Hamzah, the police were told that there was no case to bring to court because there was no element of violence or force.

Tun Abdul Majid also advised the police to be careful in future and not to use section 28A of the Criminal Procedure Code indiscriminately to deny an arrested person the right to legal counsel.

The five lawyers are Puspawati Rosman, Fadiah Nadwa Fikri, Murnie Hidayah Anuar, Ravinder Singh Dhalliwal and Syuhaini Safwan while the journalist was Suara Keadilan reporter Law Teck Hao.

They were arrested and detained for attending a vigil outside the Brickfields police station between 9.25pm and 9.30 on May 7 following a protest the previous day against the detention of blogger Wong Chin Huat.

The lawyers had claimed that they were there to represent those arrested earlier.

The inquiry, which started on Aug 14, was chaired by Muhammad Shafee Abdullah, assisted by two other Suhakam commissioners, Dr Michael Yeoh and Dr Denison Jayasooria.

It is being held to determine, among others, whether the arrest and detention of the five lawyers at the Brickfields police station constitute a denial of legal representation and contravention of Article 5 of the Federal Constitution and section 28 of the Criminal Procedure Code (CPC) and was thus a violation of human rights.

Why the need to detain them?

Asked by Muhammad Shafee about the need to detain the lawyers when they could have been released on police bail and have their statements recorded the following day, Hoo said he had been instructed by Brickfields CID chief DSP Judy Blacious Pereira to put them in the lock-up.

He agreed with Muhammad Shafee's suggestion that if the lawyers were to be released they would not abscond.

He was instructed to detain the four women lawyers at the Jalan Travers police lock-up and the male at the Taman Tun Dr Ismail police lock-up, he said.

He said their statements were not recorded at that time because it was late, 3.30am, and although the police were allowed to question an arrestee at any time when he was in the lock-up, under the Lock-up Regulations 1953 he could not be questioned between 6.30pm and 6.30am.

He said he was instructed by Pereira to be present at the Brickfields police station to investigate the unlawful assembly case and he rushed there because to him it was a high-profile case which involved public interest.

He was called to the police station after the arrnest of the lawyers at 12.45am and he directed that they be taken to the lock-ups but did not accompany them there.

Two police photographers, lance corporal Zaifolanuar Zainal and constable Nor Zekry Bakri and a police videographer from the Brickfields police headquarters, Syed Mahusin Syed Hassan, also testified today and the inquiry was shown slides of what happened during the assembly.

The inquiry at Menara Tun Razak was adjourned to Jan 16 and 17. - Bernama