Plaintiffs reveal mixed feelings over victory
For 13 years, they have insisted that they were wrongfully detained by the police, who should have targeted action against other parties at an international conference gone wrong.
For 13 years, they have insisted that they were wrongfully detained by the police, who should have targeted action against other parties at an international conference gone wrong.
Today, the Kuala Lumpur High Court vindicated some claims of 29 human rights activists and journalists, bringing to a close their 11-year suit against the government.
They were each awarded RM30,000 and 8 percent interest accrued from the date their RM87 million suit was filed on Nov 8, 1998.
Most of the plaintiffs expressed relief that the long wait has ended, but voiced disapproval with some aspects of the
judgment
.
They were among 100 participants at the Second Asia Pacific Conference on East Timor (Apcet II), held in Kuala Lumpur on Nov 11, 1996, to discuss human rights abuses in East Timor and its struggle for independence from Indonesia.
However, a 400-strong mob led by Umno Youth disrupted the proceedings. Police arrived later and arrested the conference participants instead.
Faizal Sanusi, 40, project manager, IT company
Alhamdullilah
, finally the judge has upheld justice after weighing both sides of the argument after 13 years. I am very happy.
It should serve as a lesson to the authorities.
Anna Har, Pusat Komas director
This is something for which we have been waiting. Justice should have been served a long time ago. Money and other compensation are not the most important thing.
What happened proved that agencies of the government have always been used to suppress human rights, at Apcet then and also now.
Sanusi Osman, former secretary-general, Parti Rakyat Malaysia
We would like to stress that there was a conspiracy between the police and the mob during the incident. We also disagree with the judge's ruling that the six-day detention period approved by the magistrate was valid.
We will deliberate on these matters to see whether we should file an appeal. It is up to our lawyers to look into this but we hope we can appeal.
Syed Shahir Syed Mohamud, president, Malaysian Trades Union Congress
My feelings are divided: happy because it is resolved, yet I am not satisfied with the judge's decision.
Although the judge ruled that the arrest was against the law, he concurred with the magistrate's decision to place us under remand. For me, if the judge ruled that the authorities' initial action is wrong, the rest should be wrong as well.
Victory lies in not just winning the court case per se. What we did in 1996 had an impact in Timor Leste, with the country achieving independence. This is significant.
Premesh Chandran, Malaysiakini CEO
It is good that they have decided on the possibility of illegal arrest but on the other issues of conspiracy, we would have to talk to our lawyers about it.
I think it is very clear that the police have a statutory duty in terms of their conduct and the judge also decided that we did not have enough time to disperse. We are happy with that part of the judgment.
We will decide collectively on what we will be doing with the money. I think the principle of the judgment is more important.
Kam Raslan, 43, writer
I am just glad that the legal process has, hopefully, come to an end. I think that they might still appeal. There is going to be a sense of completion and ending. I am happy but quite disappointed with the conspiracy angle of the case.
Elizabeth Wong, Selangor exco and Bukit Lanjan state rep
I am happy because the judge was very clear in saying that the police acted in bad faith. I am not so concerned about the quantum we will receive.
But we want to continue to prove that in fact, there is some conspiracy by the government to stop the conference at that time. So, we will come back after the holidays and decide the next course of action.
The first point has been established very clearly that the police acted outside the law. That was a very important decision on its own.
I will give the money to good causes, especially to people who need legal assistance when it comes to cases involving the police and detention. I would like to donate the money to them.
Kua Kia Soong, Suaram director
The judge's decision vindicates our position. Our view is that it was an orchestrated plot between the police and the Umno Youth mob, (in) the way the police were so fast in breaking up a peaceful assembly.
Our lawyers said the government is going to appeal. I do not think we will see any money in the end.
Cynthia Gabriel, Petaling Jaya city councillor
It is really a case of justice delayed but what is important is that the abuse of power by the police and their obvious collaboration with (a) ruling party has been exposed.
The judgment shows that the police are not an independent institution and were very much part of the whole process of allowing the mob room to react that day.
The issue of compensation will be further discussed with the lawyers to see if there are any avenues for appeal. We might appeal for greater compensation for those who were detained longer and for those who were remanded up to six nights.
Tian Chua, PKR director of strategy
We have been vindicated. The court recognised that our action was justified and that the police had unlawfully detained us.
This is also a recognition for those who have participated in the East Timor struggle. It was a long journey that gained important achievements.
Apcet II: Detainees win suit, gov't ordered to pay


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