COMMENT In a three line judgment after a four week adjournment, Kuala Lumpur High Court Judge Azman on Feb 18 dismissed my appeal and uphold the Sessions Court decision of two and half years jail. It was for writing the Hindraf letter dated 15/11/2007 to former British Prime Minister Gordon Brown, appealing for the attention of Commonwealth and international communities on the Malaysian Umno government’s policies, victimising in particular the Indian poor.

 

This decision was made despite subpoenas for 62 top Umno ministers, inspector general of police and attorney general etc, being rejected.

 

Also rejected as exhibit evidence were almost all the 2,240 pages of letters, memorandums etc in seven volumes of the appeal records to the High Court. The investigating officer’s cross examination was limited to just over one day and no corroboration…and the third prosecution witness Malaysiakini reporter Beh Lih Yi’s evidence in fact supporting my case.

 

Two days for me to complete my defence and to finish 20 of my witnesses. Did I get a fair trial? 

 

Immediately after the court decision, the judge made an order allowing my family and lawyers to meet me for one hour at the basement lock up. But Prison Inspector Sajideh told me that the court police had refused this court order.

 

With his orders (from Pengarah Penjara Kajang) to bring me back immediately. Inspector Sajideh, Wardens Dawood and Azlan grabbed and dragged me also by the handcuffs to the prison’s ‘Black Maria’.

 

The back of my trousers and shirt tore near the vehicle they dropped me, twisted my body and dumped me inside the vehicle, causing further injuries to my already fragile prolapsed discs in my backbone. My right hand was also injured. In November 2013 the police similarly defied Deputy Registrar Puan Noraini’s orders.

 

Despite the High Court Judge’s order dated 9/12/13 and his letter dated 12/12/13 ordering the Kajang prison director to take me to be treated by HUKM consultant neurosurgeon Dr Shanmugarajah, two months on, it is still not done.

Another judge’s order not complied with, is that I be detained at the Prison Hospital or security wing as done for Malay and Chinese political leaders like Anwar Ibrahim, Lim Guan Eng, Mat Sabu, Salahuddin Ayub, Ezam Mohamad Noor, and Mathias Chang) etc.

 

To add insult to injury I have today been locked up at the death row chambers quarantine block with other dangerous and violent prisoners in a 10x10 ft cell with no partition/bathroom privacy bath/toilet bowl area, forced to bath naked and do my ‘long call’ in full view of others.

 

Yet again I’m forced to drink for breakfast the mix porridge in the infamous “gayong” (dipper) which we wash our backsides and soak our underpants in. My request for a diabetic diet has been denied for eight and half months now. My weekly phone call to my family is also denied fearing my complaints.

 

I complained to my prison doctor on the rough handling, aggravated pain, and difficulty walking and asked to be referred to the HUKM specialist. But I was given painkillers and packed off.

 

All of these Umno abuses have to change for the better…

 

I have no regrets and the Hindraf 18 point demands struggle to end all Umno racist and supremacist policies victimising especially the Indian poor continues.

 

Martin Luther King said “But anyone who breaks an unjust law must do it openly, lovingly accepting imprisonment to rouse the conscience of the community over its injustices and act in reality, expressing the very highest respect for the law”. 

 

This keeps me going in jail.

 

 

P Uthayakumar is Hindraf founder, and writes this from Kajang Prison.