SUHAKAM
Report of Public Inquiry into the Incidents During and
After the Public Assembly of 28 April 2012
5.13 Notwithstanding the number of participants, it is the Panel’s finding, supported
by testimonies from civilian as well as police witnesses that before 3.00 pm, the
participants behaved, by and large, in a peaceful and calm manner, and that the
atmosphere was carnival-like with many people singing, laughing and chatting.
Events after 3.00 pm
Dismantling of the Barricades
5.14 It is also the Panel’s finding, again supported by testimonies, that there was a
turn in the events approximately at or around 3.00 pm, which coincided with the
dismantling of the barricades installed at the intersection of Jalan Raja and Jalan
Parlimen by persons unknown to the Panel. According to YB Teresa Kok Suh Sim
(W47), she was informed by DBKL officers that the FRU was ready to take action
to disperse the crowd at approximately 3.00 pm, which it did.
5.15 The Panel makes no finding as to whether the firing of the water cannon and tear
gas by the police at or around 3.00 pm was pre-meditated. Suffice to say that it was
after that the dismantling of the barricades at the Jalan Raja and Jalan Parlimen
intersection that the FRU started to take action to disperse the participants by the
use of water cannon and tear gas.
The Issuance of Warning
5.16 The Panel finds that the FRU gave the warning to the participants to disperse only
before the initial firing of the water cannon and the tear gas but none thereafter.
5.17 The Panel finds that the first warning given by the FRU could not be heard by the
participants. According to ACP Jamaludin, the warning and command given by the
FRU was via a loud speaker and sound commanders, yet it could not be heard by
all the participants. This finding was supported by the testimonies of Kunabal a/l
K. Rajagopal (W1), Chong Min Shih (W4) and Mohd Radzi bin Abd Razak (W17).
5.18 According to Superintendant Zahari bin Hj. Mohd Yusoff (W23), banners should
have been used to warn the participants in cases involving crowds as huge as the
one on 28 April. However, the Panel was informed that the police could not use the
banners on that day because of inaccuracies in the wordings on the banners.
5.19 The Panel finds that contrary to popular belief, the ringing of the bells by the FRU
does not serve as a warning to the participants; rather it is a signal for the FRU
personnel to be on stand by before firing the water cannon and tear gas.
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