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Update (3): Malaysian arrests

(Final) 23 Dec 2000

3.1 Overview Seven men were arrested, charged and subsequently served seven summons for preventing suspected 'phantom voters' in the Lunas by-election held on 29th November 2000, in the northern state of Kedah, Malaysia. According to the detainee, Tian Chua, the police in Kulim expressed their frustration having to deal with these cases and were compelled to execute instructions coming from 'the top'.

3.2 Charges and Summons All have been charged under Section 147 of the Penal Code for rioting, which carries a maximum jail term of two years or a fine, or both, on conviction. The charge tendered stated that the four had on Nov 29 between 6.30am and 9am at Taman Mewah, Kulim, Kedah, participated in an illegal assembly and had stopped several buses with passengers who were on their way to the Barisan Nasional office at Taman Sri Seladang, Lunas, Kulim.

3.3 Names of persons charged and summoned

i)  Chua Tian Chang @ Tian Chua (Vice-president KeADILan; arrested 22nd Dec at around 2:30 in Bangsar, Kuala Lumpur)

ii) Ruslan Kassim (Information Chief KeADILan; arrested 22nd Dec at around 4:00 am in Taman Desa, Puchong, Selangor)

(iii) K. Gopalakrishnan (member of KeADILan Supreme Council; date, time and venue of arrest not known)

(iv) Zamil Ibrahim (Kedah KeADILan secretary; arrested 21st Dec at around 1 am)

(v) Ahmad Khairudin Jamaludin (PAS member from Lunas; arrested 21st Dec at around 2 am)

(vi)Mohd Khairi Yahya (PAS member, arrested 21st Dec at 4:30 am at Kota Kuala Muda)

(vii) Mohd Fauzi Awang Kechik (PAS member, arrested 21st Dec at 4:30 am at Kota Kuala Muda)

All seven men are presently out on bail, which was fixed at RM 5,000. Their court case will be heard on April 14th - 19th, 2001. Furthermore, all seven men have been summoned to the Kulim magistrates court on 21st January 2001 to hear the following:

[summary by Suaram]

 That on 29th November 2000, between 6:30 - 9:00 am at Taman Mewah, Kulim; you have illegally detained the following persons, which is an offence under Section 342 (wrongly confining any person, punishable by imprisonment of one year (maximum) or fine; or fine of RM 2000; or both.) of the Penal Code, to be heard together with Section 34 of the Penal Code.

The persons named in the summons, totalling seven are as follows:

a) Saravana a/l Kanniah; ID no: 720314-02-5549 (bus driver, number plate BFE 4811)

b) Selvaraja a/l Nadasan; ID no: 641065-05-5095 (bus driver, number plate WHM 9585)

c) Mohamed Umar bin Peer Mohamed; ID no: 600807-10-6009 (passenger of bus, number plate WHM 9585)

d) Murugesan a/l Sinnabevan; ID no: 671212-71-5065 (bus driver, number plate BFE 4811)

e) Thai Cho Hoong; ID no:641123-10-6631 (bus driver, number plate NAN 7686)

f) Pakianathan a/l Gopalan; ID no: 641123-10-6631 (bus driver, number plate WDD 5115)

g) Baskaran a/l Kanniapan; ID no: 600807-10-6009 (bus driver, number plate BDM 6689)

At least another two men are expected to be arrested - KeADILan state assemblyman Azmin Ali and KeADILan Youth Chief, Mohd. Ezam Mohd. Nor.

3.4 Background on the incident Fourteen buses carrying some 200 suspected 'phantom' voters and Barisan Nasional (BN) supporters arriving at Lunas early in the morning of 29th November 2000, were stopped by Barisan Alternatif (BA) supporters who then escorted them to the Lunas police station.

The passengers were travelling in school, factory and tour buses bearing outstation registration plates and have been detained at the police station since 8.30am. The BA supporters, following a tip-off that the BN were sending in phantom voters to vote in the by-election, exercised a citizens' arrest, stopped the 14 buses as they turned into Lunas from the North-South Expressway. Some of the passengers claimed they had come to cast their votes for the Lunas by-election, polling of which started at 8.30am today while other passengers said they had come to canvass for votes. All of them refused to show their identity cards, which could have been checked with the electoral list and together with registered campaign workers list.

The Election Commission also did not bother to check. Six Keadilan members lodged an official report at the Lunas police station at about 9am pertaining to the alleged "phantom" voters. UMNO secretary-general Khalil Yaacob arrived at the police station at about 10.30am and told reporters he would leave the matter "in the hands of the police to investigate". Khalil, also Information Minister, added that the passengers in the 14 buses had come to support BN and because of lack of accommodation in Lunas, they had come from other places.

The Star newspaper on 2 December 2000 quoted Cabinet minister Samy Vellu and lead campaigner for the Lunas by-election as saying, "I want to ask the IGP, what right do the police have in stopping people (Barisan workers) from going to Lunas on polling day?'' Samy Vellu expressed his unhappiness over police action and said he would bring this matter up with the Cabinet. Early this week, the police said they intended to make several arrests, although no further information was forthcoming until the arrest on 21st Dec.

The national news agency, Bernama, on 22nd December 2000, quoted the Deputy Prime Minister Abdullah Badawi denying claims that the arrest of Parti Keadilan Nasional vice-president Tian Chua as the start of a major operation to detain opposition leaders. The deputy prime minister said: "We don't work that way. If it's wrong, it's wrong, we'll arrest. If two or three people do something wrong, they too will be arrested. But, if they have not done anything wrong, arrest for what." Abdullah, who is also Home Minister, said if Tian Chua was arrested, surely he must have done something wrong.

THE opposition delivered a sharp shock to Malaysia's ruling National Front by seizing the Kedah State assembly seat. The loss was especially embarrassing for Prime Minister Mahathir Mohamad, who comes from the state and is an MP for one of its federal constituencies. The result has no impact on federal politics, although it robs Dr Mahathir's National Front coalition of its symbolic two-thirds majority in Kedah's state assembly, which would now make it impossible for the state assembly to gerry-mander in the coming general elections in year 2004.

Mr Saifuddin Nasution from the National Justice Party (KeADILan) received 10,511 votes, compared with 9981 for the National Front candidate, S. Anthonysamy. In the general election held a year earlier, the former Lunas assemblyman, Joe Fernandez, 54, who was gunned down in a cold-blooded attack early November 2000, won the seat by 4700 votes.

The by-election result continued a trend reflected in the general election, when Malay voters switched from the United Malays National Organisation (UMNO), the dominant government party, to the opposition in large numbers. The continuing erosion of Malay support for the National Front is an alarming portent for Dr Mahathir and his colleagues.