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Kesas 11 acquitted of illegal assembly

By FLORENCE A. SAMY

The 11 were also acquitted of another charge of refusing to disperse despite several notices during the incident which took place between 2pm and 7pm on Nov 5, 2000 between Km21 and Km 28.2 of the Kesas highway in the Klang district.

They had allegedly gathered illegally at Kesas Highway as they made their way to a ceramah in Jalan Kebun organised by the then Barisan Alternatif which was to be attended by Keadilan president Datin Seri Dr Wan Azizah Wan Ismail.

The 11 were part of the 125 who were initially detained for illegal assembly along the Kesas Highway, Bukit Kemuning and Jalan Kebun.

Police had also seized several weapons during the incident including parangs and wooden bats.

On Tuesday, Ampang Sessions Court judge Noradidah Ahmad acquitted the 11 of both charges although only 10 were present in court including a woman and a personal assistant to a Selangor exco member.

She said the defence had managed to raise reasonable doubt over the case.

Defence lawyer Yusmadi Yusoff said Mohamad Salim Laidin, a diabetic patient, could not be present in court as he was recovering from a feet surgery.

Mohamad Salim had had three toes removed.

There was initially a dilemma on whether the verdict should be read out or postponed to another day, given Mohamad Salim’s absence.

After a brief stand-down, Noradidah then gave her verdict that all 10 and Mohd Salim be acquitted of both charges.

The 10 rejoiced as they left the courtroom. Shouts of Hidup Rakyat were heared along the corridors. One of the 10, Mat Dan Hassan, welcomed the verdict with open arms, stating that it was long overdue.

“It was not an illegal gathering. We were trapped on the highway and had no way out,” he claimed.

S. Pospan Linggam said it had been a “very painful wait” for almost a decade.

“We have been going back and forth to court every year for the last nine years. I’m glad justice has finally been served.”

Abd Razak Ismail, who is now the special assistant to Selangor executive councillor Dr Xavier Jayakumar, thanked the court for upholding the principles of freedom and for acknowledging Suhakam’s inquiry.

In 2001, Suhakam released a report blaming the police for human rights violations during crowd dispersal and treatment of those arrested for taking part in the illegal assembly.

The report was criticised by certain quarters including then Prime Minister Datuk Seri Dr Mahathir Mohamad who said it was one-sided and influenced by Western thinking.

The inquiry was set up to look into allegations of police brutality during the incident.