Four environmental activists have appealed their conviction by the Ipoh Magistrate’s Court, saying the magistrate had applied the wrong provision of the law in doing so.

kuala kuang environmental activist 260210 kunasekaran The four are Parti Sosialis Malaysia (PSM) national coordinator K Kunasekaran (left) , Kuala Kuang Anti-Stench Action committee chairperson Chai Sing Chong, and his two committee members Tan Kin Siah and Chong Min Tow.

They had been charged on Oct 25, 2002, under Section 27(3) of the Act, for failing to disperse when given an order by the police in front of the Kuala Kuang Police Station near Chemor in Perak, about 10.50am on April 1, 2001.

Lead defence counsel M Vengetraman, in his submission, told the Ipoh High Court yesterday that the magistrate had erred in law when he convicted them on under Section 27(2) of the Police Act 1967 - failure to be in possession of a permit for a gathering.

Vengetraman also said the magistrate had erred in fact and law by calling the appellants to enter their defence saying that a prima facie case had been made against them.

In addition, he said the magistrate had erred in fact and in law when he found the prosecution had proved its case beyond reasonable doubt and, therefore, convicted the appellants.

Judicial commissioner Choong Siew Kim said she would study the case and rule on Friday.

On Feb 19, 2010, magistrate Shah Wira Abdul Halim had found the four guilty and imposed a fine of RM5,000 and a two-week jail term on each.

However, he allowed a stay of execution pending their appeal and also allowed a bail of RM1,500 each.

Long wait

The four had been fighting for the health of about 500 families living in Kuala Kuang New Village, located next to a rubber factory that emitted foul fumes.

The villagers had approached Kunasekaran who was then coordinator for NGO Alaigal (a branch of PSM) for help.

This was after they had exhausted their appeals to the BN state government headed by menteri besar Tajol Rosli Mohd Ghazali.

Alaigal eventually settled the matter out of court with the factory management, which agreed to shift its operation to the Kanthan Industrial Zone in Chemor.

However, the police case dragged on for eight years after they were charged.

The four were also represented by G Balasunderam, D Raja Singam, T Ellanggovan and Cheang Lek Choy, while DPP Aiza Khairuddin prosecuted.