68
SUHAKAM
Report of Public Inquiry into the Incidents During and
After the Public Assembly of 28 April 2012
been agents provocateurs. While the Panel does not deny the possible existence
of agents provocateurs, the Panel is unable to verify this fact or determine who
those persons were. No one came before the Panel to verify the existence of such
groups of persons either.
5.65 There were apparently groups of man wearing black T-shirts who were seen standing
near to or with the police; as well as working with the police and dismantling the
barricades. According to the testimony of Kunabal a/l Rajagopal (W1), he witnessed
some men in black T-shirts dismantling the barbed wires erected across the bridge
in front of the Bar Council Building at or around 3.00 pm but there was no reaction
from the police. Khairul Anuar bin Pawanchik (W3) in his testimony informed the
Panel that the dismantling of the barbed wires required experience and expertise.
This testimony is supported by the admission of the police that if not handled
properly or according to procedure, such wires could cause minor injuries. (see
Chapter 4, paragraph 4.12).
5.66 According to Christopher Leong Sau Foo (W40), he saw some people who were
standing with the police, wearing black shirts and pants/jeans in the vicinity of
Masjid India. W40 related an incident where he was asking the crowd to move
back to avoid the congestion along Jalan Melayu, when suddenly a man in black
T-shirt and black jeans came towards him and asked him to stop shouting. W40
then identified himself as a member of the Bar Council monitoring team, whereupon
the man replied, “So what?” By that time, several participants had rallied around
W40 and the man took off.
5.67 Chen Shaua Fui (W15) also testified that she witnessed a few Proton Perdana
cars, with dark-tinted windows, driving very fast towards the crowd at Jalan Tun
Perak. She thought those cars were police cars as there were riders in front of the
cars. They made a sharp U-turn, which angered the crowd whereupon they started
throwing bottles at the cars.
5.68 There were several plain-clothes police personnel who were not wearing police
vests who were caught on videos and cameras beating up the participants. (ID
11& ID 12)
Observations by the Panel
5.69 The Panel is of the view that in the spirit of the PAA 2012, PDRM should have
facilitated the assembly on 28 April 2012. According to the PAA 2012 as stipulated
under section 8, “the police officer may take such measures as he deems necessary
to ensure the orderly conduct of an assembly in accordance with the Act and any
written law”. To this end, the police have the responsibility to facilitate the assembly
by managing and directing the movement of the participants, members of the public,