62 SUHAKAM Report of Public Inquiry into the Incidents During and After the Public Assembly of 28 April 2012 5.36 The Panel also finds that most of those arrested were not informed of the ground of their arrest as supported by the testimonies of W5, Kumar Suppiah (W6) and W21. 5.37 The Panel finds that the police appeared to target participants who were wearing yellow T-shirts and in particular, T-shirts bearing the word or logo ‘BERSIH’. Arshad bin Abbas (W5) was ordered to take off his yellow T-shirt before being assaulted by the police. Karam Singh a/l Charan Singh (W14) testified that while having drinks at the A&W restaurant, police personnel approached his table and ordered him and his friend to remove their yellow T-shirts. Hee Jenn Wei (W21) was dragged from his hotel purportedly for wearing a yellow T-shirt. 5.38 In the absence of any evidence that wearing yellow T-shirts, associated or otherwise with ‘BERSIH’ or any indicia to that effect, was or is contrary to law, the Panel is unable to comprehend why the above witnesses were targeted or requested to remove their T-shirts. Such arbitrary and unilateral action on the part of the police surely constituted a violation of the witnesses’ freedom of expression to wear attires of their choice. 5.39 Dr Siti Makkiah binti Yunus (W42) testified that the injuries to Asrul Wadi’s (W13) right eye were the result of a huge impact with a blunt and speeding object. This was supported by a medical report (Exhibit 63). W13 testified that he received 9 stitches on his right eye and another two on his nose. His injuries had caused permanent damage to his right eye and now he has only 15-20% of his normal vision. It is the Panel’s finding that based on the evidence, it is probable that W42’s right eye was hit by a tear gas canister. 5.40 Arshad bin Abbas (W5) did not receive any medical treatment while in detention. He only received pre-treatment at PULAPOL before being brought to Hospital Kuala Lumpur. 5.41 From the testimony of Lance Corporal Abu Bakar bin Abdul Rahman (W43), the Panel finds that he sustained injuries at the hands of some unidentified participants outside the SOGO building. 5.42 It was suggested that there could be various reasons behind the use of disproportionate force by the police personnel in effecting arrest and their conduct and behaviour towards those arrested, one of which could be the rumours that were circulating of the death of a police personnel. That the rumours could have been a possible reason was acknowledged by Dato Mohmad Salleh (W49). Another reason was that the police wanted to prevent the participants from re-grouping. However, that does not explain the assaults on those arrested when they were being led to the holding area in Dataran Merdeka. Whatever may have been the reasons behind the use of disproportionate force and the conduct of the police that day, the Panel is hard-pressed to find any real justifications for their actions. It appears to the Panel that the actions of the police were driven more by anger, frustration and the need to inflict punishment than by duty.