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.

Выберите целевой абзац3