56
SUHAKAM
Report of Public Inquiry into the Incidents During and
After the Public Assembly of 28 April 2012
5.20 The Panel was informed that the police fired chemical-laced water, 909 tear gas
and 58 tear gas hand grenades that day.
5.21 According to witnesses, when the water cannon and tear gas were fired, they were
not able to disperse because there were no exit or access routes available to them.
From its site visit, the Panel observed that there were a number of lanes and alleys
off Jalan Tun Perak and Jalan Tuanku Abdul Rahman, but these were narrow and
in certain places, made narrower by the presence of temporary building structures.
The sheer size of the crowd as well as repeated shots of tear gas towards the crowd
also made it difficult and almost impossible for the participants to disperse in an
orderly, safe and timely manner. They were unable to disperse immediately and
had to move slowly to avoid any incidents especially stampedes.
5.22 Reportedly, some roads were also cordoned off, and there was little or limited
movement of traffic, including public transport, because of road closures in and
around the city by the authorities. Several LRT stations in the area were also shut
down from 3.00 pm to 5.30 pm.
5.23 Based on the testimony of Hanif bin Ahmad Zainuddin (W9), the participants failed
to disperse and leave the assembly area immediately as most of the roads were
cordoned off by the police. The LRT stations were also closed. The station at Masjid
Jamek was closed from 3.00 pm until 5.30 pm. The other stations which were also
closed during the assembly were Dang Wangi, Pasar Seni (Kelana Jaya Line), Plaza
Rakyat, Bandaraya and Sultan Ismail (Ampang Line).
5.24 The Panel finds that on one occasion, participants were “kettled” at Jalan Melayu.
According to Christopher Leong Sau Foo (W40), the participants on Jalan Melayu
were trapped as there was another crowd converging from the opposite direction
of that road. W40 informed the Panel that tear gas was being shot from both ends
of the road and people could not move resulting in them being trapped there.
W40 further testified that he saw about 20-30 police personnel at a police beat in
that area but they did not do anything to direct the participants or facilitate their
movement.
5.25 The Panel is of the view that PDRM should have taken into serious consideration,
among other things, the size of the crowd, the physical location, the layout of the
place, and the availability of exit routes, before taking action to disperse the crowd
after 3.00 pm. Given those factors, it would have been impossible for the participants
to disperse safely and orderly without giving them reasonable time to do so.
5.26 It is also a finding of the Panel that the police did not assist or facilitate the
dispersal of the participants. The continuous firing of the water cannon and tear
gas also hampered their efforts to disperse, and resulting in at least one instance,
the “kettling” of the participants.