Jan

29

Why I was arrested

January 29, 2008 |

my-arrest-by-eli-wong.jpgI was arrested at 4:30 p.m. on Saturday, 26 January 2008, at a foodcourt in the vicinity of Jalan Yap Kwan Seng, Kuala Lumpur. I was released unconditionally from Pudu Jail (now known as Balai Polis Jalan Hang Tuah) at approximately 10:30 p.m. on Sunday, 27 January 2008, after a magistrate rejected a remand application by the police to further detain me (and nine other people, including Tian Chua and Dr. Hatta).

Obviously, I was annoyed that I was arrested (see photo) whilst I was trying to ask the police why they wanted to arrest Tian Chua and Dr. Hatta, especially when they were merely having drinks and talking to journalists at that time. I knew that the over-zealous SB (special branch police officer) simply decided to arrest me because I questioned their actions. Indeed, when I asked an officer by the name of Woon who was standing nearby whether he was sure that the proper orders have been given to arrest me, he brushed aside my query and did not dare to say anything. Moreover, the location where we were arrested was beyond the one kilometre boundaries illustrated in the preventive court order obtained by the police.

The three of us was brought to the Kuala Lumpur Police Headquarters (IPK, KL), where we joined others that were arrested before us at various locations near KLCC. There, after greeting friends and other friendly faces, I saw ASP Anand (one of the investigation officers for the case against the lawyers who marched for freedom of assembly on 9 December 2007).

I immediately took the opportunity to inform him of the circumstances in which I was arrested. Unfortunately, he said that he has no say in the matter and that I should take it up with ACP Khoo Chin Wah, who would be down in a short while. After waiting awhile, I decided to call ACP Khoo and told him about my circumstances. Alas, he simply said that he could see that I was at the scene (presumably from SB video clips or photos); thus, implying my arrest was justified.

I was amazed by how lightly these senior police officers dealt with the constitutional liberty of a citizen, not to mention a lawyer, who is otherwise also known as an “officer of the court”. I should highlight here also that I was not informed of the grounds of my arrest at any point of time, whether during my arrest, detention and subsequent “investigation”.

Not satisfied with the lackadaisical attitude of the two previous officers, I decided to approach a third officer (a DSP Rortzain, I believe) whom I recognised from the arrest of the lawyers in December. Again, after I told him of my circumstances, he just told me to wait.

And wait I did. I sat around and paced the dining area of the IPK’s cafeteria from about 5:00 p.m. until 11:30 p.m. wondering when anyone is going to take my statement. Some young officer by the name of Rastam came to take my I.C. during that time but he also did not say why I was arrested. However, when I asked him who is the investigation officer of my case, he said it was either Woon or Ishak. Actually, I found out much later that my I.O. is ASP Redzaime and Ishak was the officer who lodged the complaint against Tian, Hatta and me. (Obviously, the rookie Rastam doesn’t know the difference between an arresting officer and an I.O.)

Anyway, after much waiting (all this time, apart from sitting or pacing idly, I was giving free legal advice and watching friends give statements to blur-looking police officers), my turn finally came. An Inspector Zakaria introduced himself – quite politely I must say – and told me that he was instructed to take my statement. As he led me down the dining hall, ASP Redzaime approached us and introduced himself. He then proceeded to say that Zakaria was going to take my 112 statement.

As I recall, neither Zakaria nor Redzaime informed me of my rights under Section 28A of the Criminal Procedure Code. Frankly, I just co-operated with Zakaria as best I could, answering questions carefully so that I do not implicate myself or anyone else in anything that may be construed as wrongdoing by the authorities. Nevertheless, I made it very clear to him that I was wrongfully arrested and I considered my detention to be false imprisonment. I am not sure he appreciated the gravity of the matter though.

Later on, when Redzaime appeared again, I repeated the circumstances of my arrest to him. Unsurprisingly, he did nothing except say that he will check with ACP Khoo. I do not know whether he actually did call his boss, but at the end of the long day and night, I was still moved to the lock-up together with everyone else.

Despite my many attempts to inform the various police officers, all the time highlighting the implications of my wrongful arrest and false imprisonment, I was ignored. Not only that, they had the gall (or perhaps stupidity) to apply for remand against me, giving the lame reason that they needed to make further investigations. And here I am trying to mitigate the serious damage they are doing.

Luckily, sense, or maybe conscience, prevailed over the magistrate who heard the remand application against the ten of us who had the same I.O. To the amazement of everyone, including the lawyers who defended all of us, the magistrate said that she was releasing us (unconditionally) because she did not find any evidence to show that the ten of us were linked to the “illegal assembly”.

By the time we walked out of Pudu Jail, I was deprived of 30 precious hours of freedom. Why? All because I acted to question the arbitrary arrest of two Malaysian citizens who happened to be leaders in their respective political parties. Politics aside, it is high time all Malaysians take a good look at what is happening to our country. Do we want to let this go on? When are we going to make a stand and say “no more”?


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8 Comments so far

  1. Ann David on January 29, 2008 4:22 pm

    Yes, as lawyers and officers of the court we feel (rightfully) that others are reluctant to act wrongfully against us. After all we act for those against whom such actions are taken. I am not aware of the reason for Jonson’s detention but strongly protest against highhandedness of people in authority.

  2. Syamsuriatina Ishak on January 29, 2008 4:26 pm

    Jonson,

    Well done to you for reacting the way you did. Yes I agree this is getting way out of control! You can call upon me to join in any concerted effort(one well planned and thought out, I might add)necessary to take this stand.

    Best regards,

    Tina

  3. peter mooney on January 30, 2008 8:26 am

    Your account is shocking but most regrettably
    appears to be typical of the way the police behave. You behaved with dignity and great restraint. Don’t be discouraged. As lawyers as well as citizens we must continue to speak up and stand up for what is right and never accept the contempt for thde law displayed by some who are supposed to be its guardians

  4. Ray Chong on January 30, 2008 12:42 pm

    I applaud your conscience & courage to exercise your rights , with condition though , in M’sia context , may I remind you of that .Your disgruntle and ill feelings is understandable and sympathised by all right thinking members of the world .I congratulate you being able to maintain your composure and cool enough to remember you constituitional rights and give a detailed account of your unfortunate & unforgettable ,indelible & indefatigable incident . Do use that to enhance your future role ,if you prefer, in handling criminal & constitional , administrative cases . I see that you do have sound theoretical knowledge of CPC . MIXED MORE WITH learned senior criminal /constitional law practitioners and police officers , of whatever ranks , then you will get a clearer overall picture of our society . Learn about the rules of the game too . Focus and maintain what you believe . Be realistic too . Are you aware that we are under survillance . Be sensible . Do read up cases of habeas corpus , then You will appreciate what I remind you . No offence is meant .Lastly , I HAVE ONLY HEARD OF ONE FALSE IMPRISONMENT CASE INVOLVING Kapal Singh whose action concerning his detention under ISA ” Operarion Lallang ” in early 90s .But the suit was delated for umpteen years & went all the way to Federal Court . It was settled out of Court . Approach him if you want to know the truth and let me share the cat out of the bag if you want . Cheers .

  5. Klaw on January 31, 2008 11:15 pm

    I’m glad you’re safe after seeing your pix in Elizabeth Wong’s blog.

  6. Jeff on February 1, 2008 1:49 am

    Even though I’m not surprised by how this incident can take place in Malaysia, I don’t think that the people in authority should continue to be so blatantly apathetic & ignorant of others’ rights and remain so arrogant because they don’t seem to have to be accountable for the mistakes they have made against another peaceful tax paying citizen’s time, space and reputation.

  7. Implosion on February 1, 2008 9:25 am

    The above comment by Ray Chong when he says “be realistic” and his other eloquent words translate to “Protest in a way that doesn’t draw attention to yourself, cover your own arse by abandoning the cause OR shut up and put up.”

    I don’t know how to live in the situation Malaysia is in. But many chinese/indian/malay- malaysians have made a great living out of avoidance, denial and excuses.

    My stand has always been this: DO SOMETHING.
    Do it by staying doing what Jonson is doing or get out of there. I chose to leave and let me tell you: THERE IS A BETTER LIFE.

  8. Stew Law on February 1, 2008 11:46 am

    Your police experience is typical in terms of time and attitude. Being in the position of authority, they take (fill their shift) time and give you time torture and keep you in the dark as much as possible - why should they help you. You are after all the prey (however)caught in their web. It is an urban jungle out there and civilities don’t always exist in our 3rd world police force. Animal instincts sometimes take over - eg. IGP & Anwar! Education counts for nothing - power & authority does.
    One late night as I stopped to fix a warning triangle on my vehicle because it had just been in an accident, a police car stopped by. One officer decided to rummage thru everywhere without a word of permission and then crudely accused me of trying to evade the roadblock ahead somewhere - total arrogance. The other was more civilised and listened to me as I explained my predicament. Seeing that there was nothing more they could do (to me), they decided to “prey” on another vehicle. They rule and reign - always. PM and leaders live in another world.
    Hey, with your detention and 30 lost hours, you have gained the mark of potential politician! But don’t go opposition - you get treated like an insect (my myopic view!)

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