Tear gas and chemical-laced water launched at the multi-level car park of Tung Shin Hospital was specifically aim to disperse Bersih 2.0 participants gathered in the hospital compound, a Health Ministry officer claimed.

The ministry's probe into the incident showed that the tear gas canisters and smoke bomb grenades were fired "under chaotic situations", its corporate communications director Zailani Hashim told the Human Rights Commission (Suhakam) committee of inquiry.

"From our findings, they (the police) were trying to disperse the demonstrators," Zailani told the public inquiry into human rights violations during the Bersih 2.0 public rally for electoral reform, which was held on the streets of Kuala Lumpur on July 9 last year.

NONE He was responding to questions from Suhakam vice-chairperson Khaw Lake Tee, who heads the public inquiry.

"As for the tear gas, it wasn't fired at the hospital. Smoke from the tear gas was carried by wind (into the hospital).

"That we cannot control... we cannot control the direction of the wind," added Zailani, who appeared in his capacity as secretary of a high-level ministry committee that investigated the incident.

The police and Health Ministry had initially denied that tear gas and water cannons were fired into the hospital compound - but changed their stance accordingly after video evidence on this was widely circulated.

'No tear gas fired into hospital compound'

The ministry's six-member panel concluded smoke bombs were thrown into the Chinese Maternity Hospital (CMH) compound, which had ceased operations since September 2006.

CMH is located beside Tung Shin Hospital, but it is administratively separate and was scheduled to undergo a major renovation in December last year.

NONE Zailani went into the ministry's findings and explained that although the police had fired their water cannons into the hospital compound, allegations that tear gas canisters were also fired into the compound were not true.

As the country is a signatory to the Geneva Convention, he added, the authorities were not allowed to use anti-riot weapons in a "public domain".

Zailani, could not recall the exact provision under the international convention, but said hospitals were included under public domain, which would be "a santuary" for those seeking refuge in a chaotic situation.

Bar Council president Lim Chee Wee, who is holding a watching brief at the inquiry then asked:

"If the situation is recurs, and if you have the authority, would you give orders to the police to not fire into the hospital compound?"

NONE Zailani replied: "No, I will tell the demonstrators to not take part in an illegal assembly."

Khaw ( right ), then interjected and asked Zailani to respond to the question accordingly.

Lim repeated the question and Zailani said he would have ordered the police not to fire at the hospital.

He also said that of 11 doctors who vouched to having witnessed the use of anti-riot weapons on the assembly participants in the hospital compound, only one turned up for the ministry's probe.

"We didn't have good cooperation. They (the doctors) gave all sorts of illogical reasons.

"We sent letters to them, asking for a meeting. Some said they were busy, overseas, had appointments with patients and there was one doctor who didn't want to get involved as it was bulan puasa (the fasting month of Ramadan)," Zailani added.

The inquiry continues tomorrow.

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