Five more ethnic Indians were charged Wednesday with the attempted murder of a policeman during last month's anti-discrimination protests, bringing the total to 31.

The group, including 26 charged Tuesday, are accused of wounding officer Dadi Abdul Rani during a demonstration at Batu Caves, the site of an important Hindu temple, on the eve of a mass rally in the capital.

"This is the first time in the history of Malaysia people participating in an unlawful assembly have been charged with attempted murder," defence lawyer G.K. Ganesan told the Shah Alam Sessions Court Wednesday.

"The message this charge sends to people is that if you gather in a place of worship and in the course of worship an incident happens, someone is injured, there is a likelihood you can be charged for murder," he said.

Chief prosecutor Yusof Zainal Abiden denied suggestions that the charges -- which have inflamed relations between the ethnic groups in multicultural Malaysia -- were racially tinged.

"They were there to demonstrate," he told the court. "There is nothing to do with selective persecution."

Judge Azima Omar rejected the defence team's bid to have the charges struck out.

"The arguments raised by defence council did not address the charges, hence the court has decided the charges have a basis," she told a packed courtroom.

At least 3,000 people gathered at the Batu Caves temple grounds on November 24, drawing a stiff response from police who used tear gas and water cannon to disperse the crowd and made 69 arrests.

More than 8,000 people gathered the following day to protest against discrimination by Muslim Malays, who dominate the population, and the crowd again faced tear gas and water cannons.

Family members of the accused, who had been detained in a jail in downtown Kuala Lumpur, turned up bearing food and drinks for their incarcerated relatives.

Housewife Uma Devi Kandiah, 50, who participated in the rally, described the charges as harassment by the ruling National Front coalition led by Prime Minister Abdullah Ahmad Badawi.

"The charge is very unfair and discriminatory," she said. "Indians are very angry with this development."

"The National Front government is harassing us as the people went there to pray in conjunction with an Indian festival," she added.

Construction worker R. Sativel, 23, who was charged with attempted murder, said he was not involved but was seized by police.

"I was passing by the temple and... I left my bike to see what was happening," he said.

"When I came to collect my bike I was arrested by police. This is a joke. How can they charge me with attempted murder?"

Lawyers for the accused say they will appeal the decision at the High Court on Thursday.

While Malays control the nation's political scene and the ethnic Chinese population is dominant in business, Indians complain they run a distant third in terms of wealth, education and opportunities.