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Four Perak activists found guilty
Malaysia Kini - February 19, 2010
Four environmental activists who fought a legal battle for seven years for allegedly not dispersing when allegedly ordered to by the police, were found guilty by the Ipoh Magistrate Court today. They were handed a fine of RM5,000 and a two-week jail term.
The four accused are Parti Sosialis Malaysia (PSM) national coordinator K Kunasekaran, Kuala Kuang Anti-Stench Action committee chairman Chai Sing Chong and his two committee members Tan Kin Siah and Chong Min Tow.
They were charged under Section 27(3) of the Police Act 1967 for failing to disperse when given an order by the police in front of the Kuala Kuang Police Station near Chemor in Perak on April 1, 2001 at about 10.50am.
Any person found guilty of this offence under Section 27 (8) shall be liable to a fine of not less than RM2,000 and not more than RM10,000 and imprisonment for a term not exceeding one year.
Stay of execution
However, Magistrate Shah Wira Abdul Halim allowed a stay of execution pending their appeals to the High Court and also allowed a bail of RM1,500 each.
The four were represented by M Vengetraman while the police prosecuting officer was Jamaluddin Osman.
NONEThe four were fighting for the health of about 500 Chinese families living in Kuala Kuang new village which is next to a rubber factory that emitted foul and health hazard fumes.
The villagers had approached Kunasekaran who was then-coordinator for Alaigal (a branch of PSM) for help after exhausting all appeals to the BN state government headed by the then-menteri besar Tajol Rosli.
Alaigal eventually settled out-of-court with the rubber factory management who agreed to shift its operations to the Kanthan industrial zone in Chemor.
However, the police case dragged on for seven years and four months. The hearing dates from 25 Oct 2002 to today have come up to a total of 42 days.
The four were called to their defence on Dec 16 last year. The hearing concluded on Feb 2 this year and the decision was delivered today.
Vengetraman said he will file the appeals at the Ipoh High Court on Monday against the magistrate court sentencing and conviction.
According to him there was no order or warning given by the police to disperse to the four accused and the sentence of two-weeks imprisonment and the fine of RM5,000 each was too harsh for first time offenders.
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