SUHAKAM Report of Public Inquiry into the Incidents During and After the Public Assembly of 28 April 2012 Process of Arrest and use of Disproportionate Force 5.27 The Panel is of the view, based on the testimonies of the witnesses as well as video recordings, that there was use of disproportionate force and misconduct by the police towards the participants. 5.28 Arshad bin Abbas (W5), Kumar Suppiah (W6), Asrul Wadi bin Ahmad (W13), Koh Jun Lin (W16) and Mohd Radzi bin Abdul Razak (W17) testified that they were violently assaulted by police personnel. Chong Min Shih (W4), W5 (W5 did not produce a medical report), Low Kok Swee Adrian (W7), W13 and W16 also suffered injuries. The Panel accepts the testimonies that the injuries to W5, W7, W13 and W16 occurred in the course of their arrests. 5.29 The Panel is not able to identify who caused the injury suffered by Chong Min Shih (W4). However, the shape and size of the injury would appear to be consistent with an impact from a tear gas canister. This was later confirmed during the site visit to the Kompleks Pasukan Simpanan Persekutuan Polis DiRaja Malaysia, Cheras where the Panel examined a tear gas canister. Therefore, the Panel believes that the injury sustained by W4 was caused by a tear gas canister which could only have been fired by a member of the FRU unit, although the Panel is not able to identify the personnel concerned. 5.30 Based on the testimony of Baharudin bin Hashim (W2), he was strangled, kicked, punched and dragged by police personnel officers when he was taken to the holding area in Dataran Merdeka but eventually, he was released. W2 tendered as supporting evidence a police report lodged by him. (Exhibit 4) 5.31 Arshad bin Abbas (W5) was hit, punched and kicked on his whole body by police personnel in operational uniform. As a result, he received 5 stitches on the right eyebrow. W5 tendered as supporting evidence a police report lodged by him. (Exhibit 14) 5.32 Kumar Suppiah (W6) testified that a group of police personnel including personnel from DBKL assaulted him. He was slapped, stomped on his back, dragged and slammed against the glass wall in the ATM room at the DBKL building. He then was pulled out from the ATM room where the police personnel continued kicking and stomping on him. They also verbally abused him with derogatory remarks. W6 also tendered as supporting evidence a police report lodged by him. (Exhibit 17) 5.33 The Panel also finds that most participants were assaulted along the way to the holding area at Dataran Merdeka or more specifically, near the Royal Selangor Club, even though there was no evidence that they were resisting arrest or behaving aggressively. The Panel finds it particularly disturbing that some of them were assaulted not by the police personnel effecting the arrest but by other 57