R. Surenthira Kumar
The Sun


Three officials of the Hindu Rights Action Force (Hindraf) were charged in the Sessions Court here this afternoon with sedition, shortly after they were arrested. They pleaded not guilty.

Hindraf adviser P. Uthayakumar, his brother P. Waythamoorthy (who is Hindraf chairman) and V. Ganapathy Rao -- who are all lawyers -- were charged with uttering seditious words at a restaurant in Batang Berjuntai on Nov 16 this year under Section 4 (1) (b) of the Sedition Act 1948.

Attached to the charge sheet was a nine-page translation of a speech delivered by Uthayakumar in Tamil on that day to a crowd.

A crowd of about 400 supporters gathered at the court complex as they were being charged. They chanted some slogans loudly, making it difficult for the proceedings to be heard.

As the prosecution only produced the charge at about 4.45 pm, Sessions Judge Zunaidah Mohd Idris extended the court hours to 6pm.

She had her hands full during the proceedings as a war of words broke out between defence lawyer R. Kanghadaran and the lead deputy public prosecutor Ishak Mohd Yusoff when another defence lawyer M. Manoharan told the judge and accused the prosecution of deliberately bringing a late charge so that the three accused would not be able to post bail.

After the prosecution told the interpreter to read the charges, Manoharan said the charges were unclear as it did spell out the seditious words in Tamil, and as such it was flawed and baseless.

Ishak however countered that the prosecution could make amendments later.

Manoharan however objected, saying the prosecution was not ready and police had not done a complete investigation, and as such, the charges should be dropped.

The judge however allowed the amendment to be made later, as the basic elements of the charge were there.

The defence later introduced Amer Hamzah Arshad, a representative of the Bar Council, asking the court to allow him to hold a watching brief on behalf of the Bar.

The prosecution objected, saying he had no locus standi. However, the judge allowed it.

Another defence lawyer A. Sivanesan argued that under the Criminal Procedure Code, since the charge was not specific, it should be dropped and the three men should be released. He said the prosecution could file fresh charges on Monday.

On bail arrangement, the prosecution offered a sum of RM2,000 each but the defence asked for RM1 only, as they have difficulty raising such a high amount.

The judge then set bail at RM800 each in cash since banking hours were over. She set Monday to re-mention the case.

After initially accepting the bail amount, Waythamoorthy later objected and said he would remain in policy custody as a sign of protest. On the way out, he insisted on being hand-cuffed and the request was granted.

The hat was passed among the supporters to raise bail and a total of RM3,244 was collected.

Earlier, during the case, the police warned the crowd to disperse but the supporters ignored it. There was no untoward incidents and they left quietly after the case was over.