Chapter 2 - Report of the Complaints, Monitoring and Inquiries Group (ii) • There was confusion while participants were running into the hospital compound. • One crew-member said he did not know that there were hospitals in that area as he was new to Kuala Lumpur. • The age of the water cannon truck, as well as the Perspex material of the windscreen, made it visually difficult for the crew to deploy the equipment or correctly assess the situation outside the vehicle. The findings The testimony of witnesses convinced the Panel that the use of water cannon, tear gas and other equipment that may pose safety risks to individuals should not be used in and around public places such as hospitals and schools. (e) Use of Tear Gas at the KL Sentral Bus Terminal (i) The testimony Several witnesses said tear gas had been fired at participants who had gathered at the bus terminal at KL Sentral. As the area is partially enclosed, the incident had triggered chaos within the confined space. Coupled with the poor lighting and insufficient exit points, this had made it difficult for the participants to disperse. The Panel heard testimony supported by video recordings, that tear gas canisters were launched by police personnel from opposite ends of the bus terminal. This could have resulted in death or injury to participants. A member of the police force had been seen firing the tear gas canisters not downwards as ordered, but straight at the participants. (ii) The findings After reviewing the evidence, the Panel was of the opinion that the methods used to disperse the crowd at the bus terminal were not appropriate given the location of, and conditions in, the area. Method used in dispersing participants of assemblies should take into consideration the risks to both the participants and the police personnel themselves. 2. PUBLIC INQUIRY INTO INCIDENTS DURING AND AFTER THE 28 APRIL 2012 PUBLIC ASSEMBLY On 3 April, Parliament accepted a report tabled by the Parliamentary Select Committee on Electoral Reform, which had been established to study the demands of the Bersih 2.0 Steering Commitee for clean and fair elections. The next day, however, Bersih 2.0 expressed its dissatisfaction with the report and announced that it would organise another rally, dubbed ’Duduk Bantah’, from 2-4pm on 28 April at Dataran Merdeka, Kuala Lumpur. The police force on 27 April issued a press statement that it had obtained a court order under Section 98 of the Criminal Procedure Code from the Kuala Lumpur Magistrate’s Court prohibiting the public from holding any gathering or activity at Dataran Merdeka from 28 April to 1 May. 68

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