The Kuala Lumpur Magistrate's Court today acquitted 27 protesters who participated in an illegal assembly over allegations that Anwar Ibrahim was poisoned with arsenic in late 1999.

Among those freed were five members of Parliament: Dr Mohd Hatta Ramli (PAS-Kuala Krai), Azmin Ali (PKR-Gombak), and R Sivarasa (PKR-Subang), Tian Chua (PKR-Batu) and N Gobalakrishnan (PKR-Padang Serai).

reformasi 1998 270808 01 Others included present Umno members Ezam Mohamed Noor, Ruslan Kassim, Lokman Noor Adam and Hanafiah Man. However, Ezam, Lokman were not present along with Gobalakrishnan, Sivarasa and Azmin.  

Former PRM secretary-general Dr Sanusi Osman and former Malaysiakini columnist Hishamuddin Rais were also among them.

Some of the accused like Dr Hatta and Dr Badrul Amin Bahron had revealed that the police had remanded them for six days after they surrendered.

The were charged with illegal assembly at the National Mosque between 1.30pm and 5.13pm on Sept 19, 1999.

The decision today comes after almost 11 years of trial at the prosecution stage. It was thrown out after seven key witnesses failed to appear since last November.

NONE These included the then Dang Wangi OCPD Bakri Zinin ( left ), was one of the main witnesses who failed to put in an appearance.

Bakri who had ordered their arrest has since been promoted to federal Criminal Investigation Department (CID) chief.

Magistrate Hafizza Sauni freed them all after hearing submission from lawyers.

All the accused were represented by lawyer J Chandra, Hasnal Rezua Merican, Abdul Kadir Ismail and Latheefa Koya.

J Chandra submitted that although this court had given until tomorrow for the witnesses to testify, the prosecutor had said they were unable to serve subpoena on them.

“Furthermore, the investigating officer in the case also failed to attend to today's proceedings to inform the court on the progress of subpoenaing the remaining witnesses.

“There have been a lot of man hours lost as a result of this case which took 11 years. I would like to apply that they be acquitted,” he said.

Hasnal Rezua, representing Umno members ,said the court can use its discretion to consider the case closed even though some witnesses have yet to testify.

Hafizza: Police action regrettable

In freeing the accused, Hafizza noted that seven witnesses have yet to testify.

“Ample time had been given to the prosecution to call their witnesses including the respective police officers since November.

NONE "Most of them are here in Kuala Lumpur including the then OCPD. Hence, there should have been no problem for them to testify.

“However, there was also no explanation why the subpoenas could not be served or why they failed to come,” she said, describing it as regrettable.

Hafizza then ruled that no prima facie case had been established, therfore they should be set free.

The accused some in the dock and others in the public gallery erupted in joy at the announcement.

They could not contain their pent up emotions after such a long, to them an unnecessary, trial.

A few were in fact acquitted in 2001, only to be recharged.

Retiree: Government holding pension

NONE One of the accused, Mohd Razali Abdul Jalil ( right ), 62, a former Rubber Research Institutue senior technician who lost his pension as a result of the incident wanted justice from the government.

Saying he had suffered a lot in the past six years, he complained that the government did not want to give him back his pension card and pension.

“The government has taken away my pension and medical privilege for no apparent reason. I have to bear my own medical expenses, including having an open heart surgery using my own funds.”

“Some of my children could not seek proper tertiary education because of being deprived of such opportunities,” he said in tears.

  Badrul Amin, who was present consoled Mohd Razali,and asked him to continue fighting for justice.

Now that he has been acquitted, Mohd Razali said he is looking forward to getting his pension and perks returned.