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PSM 6 to be charged tomorrow in Butterworth

Malaysia Kini - August 2, 2011

The six PSM activists who last week were released from detention under Emergency Ordinance will be charged tomorrow.

Confirming this, Choo Chon Kai – who was among the six detained for 28 days under the draconian law – said they have been called to attend court at 9am tomorrow.

Party secretary-general S Arutchelvan, meanwhile, said the party's lawyer received a call from one ASP Zamri from the Seberang Perai Utara district police headquarters earlier today, informing them of the development.

The six will be charged under Section 43 of the Societies Act or alternatively Section 48 (1) of the same act. Section 48 states that anyone who acts on behalf of or represents an unlawful society by bringing with them 600 photocopies of pamphlets is liable to a maximum penalty of five years' jail, a fine of up to RM5,000, or both.

Section 43 of the Act stipulates that whoever is a member, attends meetings of or aids an unlawful society is liable, on conviction, to imprisonment for a term not exceeding three years or to a fine not exceeding RM5,000 or both.

The same charges were brought against 24 other activists who had been detained in Sungai Dua, Penang, during their 'Udah Bersaralah' roadshow on June 25.

The six PSM activists also face a charge of under Section 29(1) of the Internal Security Act (ISA) over the possession of allegedly "subversive" documents.

Other than Choo, the other PSM members detained under the EO are Sarat Babu, M Sarasvathy, M Sukumaran, A Letchumanan and Sungai Siput parliamentarian Dr Jeyakumar Devaraj.

They were initially detained on suspicion of planning to wage war against the Agong. This charged was later dropped to that of posing a threat to public order. The police later said the six were detained over their involvement with the July 9 rally. They were released on July 29.

When contacted, their lawyer Karen Lai confirmed that the six would have to be present in court tomorrow, but said it is still unconfirmed what their charges would be.

Lai, a legal aid lawyer, said her team would be prepared for the plea to be recorded and to post bail for the six if necessary. "They want to charge us but we are not sure what the charge is going to be," said Jeyakumar.

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