Apcet II trial: Cop told us to sue gov't, says witness

A witness in the Apcet II hearing told the Kuala Lumpur High Court today that she and 35 others had filed the RM83 million suit against the government after a police officer told them that they could do so.

Elizabeth Wong, 38, the ninth witness for the plaintiffs, testified that the suggestion was made by then Kuala Lumpur chief police officer Ismail Che Rose during a dialogue which took place few months after the ‘Apcet II’ incident in 1996.

Ismail is one of the four respondents named in the suit filed by the group of local activists and journalists.

“His proposed remedy to us was for us to file a civil suit against the Royal Malaysian Police if we were not happy (over the police treatment at Apcet II),” Wong said while being cross-examined by senior federal counsel Iznan Ishak.

Iznan had asked Wong whether the police had investigated her complaint about their conduct in arresting the participants at the conference on East Timor. To this, she replied, ‘No’.

Wong, now a Selangor state executive councillor and Bukit Lanjan state assemblyperson, was in the conference"s organising committee at the time.

She was arrested at the conference after a commotion had broken out, and had been held in custody for a day.

She was one of four witnesses who gave testimony when the trial resumed today. The hearing is set to continue up to Thursday.

The other three witnesses were all Pakatan Rakyat elected representatives - R Sivarasa (PKR-Subang, right in photo ), Saifuddin Nasution Ismail (PKR-Machang) and Dr Nasir Hashim (PSM-Kota Damansara, left in photo ).

The half-day hearing started with cross-examination of Sivarasa and Saifuddin. This was followed by Nasir’s testimony - he too was an organising committee member and had been held for five days.

When Wong - the final witness called to the stand today - was asked to introduce herself, Justice Wan Adnan Muhamad had those present laughing at his witty remarks.

“All the Apcet II people have become MPs and state assemblymen, that is a real upset,” he said after Wong informed the court about her current occupation.

Wan Adnan had presided over the trial as High Court judge since March 2006. Although he was elevated to the Court of Appeal in July last year, he will continue to hear the case up to its completion.

‘Nasi kandar’ treat

In cross-examining Saifuddin, federal counsel Iznan questioned him about a nasi kandar treat by the police after the incident.

Saifuddin, who was Umno Youth secretary in 1996, had led the mob at the time. In 2001, he had tendered a public apology over his role in Apcet II after he joined the opposition ranks.

Iznan asked Saifuddin whether he had eaten nasi kandar with the police.

“I was accompanied by a few police [...] But only I and my friends (the mob members who were also arrested) had the nasi kandar ,” Saifuddin told the court.

The federal counsel attempted to dispute the nasi kandar treat testimony initially, telling the court that he would like to bring a police witness to clarify this point.

Asked Wan Adnan: “What has it got to do with nasi kandar ? (Are you trying to prove it was) from Kayu (restaurant)?”

The federal counsel argued he has to do so as the plaintiffs’ lawyers would use the nasi kandar treat as a point to prove there was mala fide (bad faith) on the part of authorities in carrying out the arrests.

Iznan later cancelled his plan to call the police witness.

Hearing continues tomorrow.

Background to case

The 36 plaintiffs filed the civil suit against the Malaysian government and several police officers for wrongful detention and police negligence after an Umno Youth-led mob stormed into an international conference on East Timor in 1996.

They have named the government, then inspector-general of police Abdul Rahim Mohd Noor (left) and two senior police officers - Ismail and then Dang Wangi OCPD Zainal Abidin Ali - as respondents.

On Nov 9, 1996, over 100 people - including 10 journalists - were arrested on the opening day of the Second Asia Pacific Conference on East Timor (Apcet II), held to discuss human rights abuses in East Timor and its struggle for independence from Indonesia.

As the conference was about to begin, 400 members from the Umno Youth-led BBRM, or Malaysia’s People’s Action Front, broke down the doors of the conference halls, threw chairs and verbally and physically abused the participants.

Police then moved in to arrest the participants who were detained between one and six days, while 40 foreign participants were deported.

Saifuddin, who is the star witness, has testified in previously that the Umno Youth-led mob was acting on the instruction of then deputy home minister Megat Junid Megat Ayob to stop the conference .

Malaysiakini chief executive officer Premesh Chandran and editor-in-chief Steven Gan, both journalists at TheSun then, are among the plaintiffs.

Their legal team comprises Malik Imtiaz Sarwar, Abdul Rashid Ismail, Gregory Ling and HK Neoh. Apart from Iznan, federal counsel Khairul Nizam Kamal also appeared for the government.

SPECIAL REPORT: Apcet II trial