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Thursday, September 18, 2008

Hindraf rally: 27 slapped with RM1,000 fine

breaking news updated 6.15pm Twenty-seven men who pleaded guilty to not adhering the police's order to disperse during the Nov 25 Hindraf rally were fined RM1,000 each by the Kuala Lumpur Sessions Court today.

If they failed to settle the fine, the men would have to spend three weeks in jail.

In meeting out the sentence, Judge Akhtar Tahir said he had considered mitigating factors such as their guilty pleas which had saved the court substantive time and costs.

hindraf british petition rally 251107 malaysian flags"The fact that they have pleaded guilty after 12 witnesses were called to testify (only) indicates that they have shown remorse for their actions," he was quoted as saying by the Star.

The judge also told the court that he had considered the fact that the men did not show actual violence at the gathering and were first-time offenders.

"I conclude that the number of days they had been present in court during the trial is also punishment for them," he said.

The judge also stated that an illegal assembly however peaceful is a serious offence as it disturbed public order and endangered public property.

"I feel that it is not necessary for a jail term to be imposed on them. On the other hand, the sentence of fine has to be substantial so that it will not be a slap on the wrist but will teach them a lesson," he said.

Sufficient Punishment


According to the judge, the RM1,000 fine would be sufficient punishment for the group as they faced financial difficulty.

Akhtar said he had considered their admission to the first charge for being members of the unlawful assembly due to the defence’s team representation to the Attorney-General’s Chambers earlier.

Fifty-three people, comprising mostly odd-job workers and labourers, had claimed trial to the second charge of continuing to be in an unlawful assembly knowing that there was an order to disperse.

On Thursday, 45 men and a woman aged between 21 and 62 turned up for the continuation of the two-week trial.

Of the figure, 27 admitted to the charge. Five people who were on medical leave were absent while two people had been issued arrest warrants.

Pleading for leniency earlier, chairperson of the criminal practice committee of the KL Bar N Sivananthan argued that his clients had saved the court cost and time in view of the 200 subpoenas which had been issued for the case.

He said the group did not have any motive to create problems or protest but merely wanted to submit a petition to Queen Elizabeth through the British High Commission over compensation for Indians.

Some 30,000 people had taken to the streets in Kuala Lumpur during the Hindraf rally. Five of the movement’s leaders were subsequently arrested under the Internal Security Act.

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