SUHAKAM Report of Public Inquiry into the Incidents During and After the Public Assembly of 28 April 2012 (ID 12) shown to the Panel, a traffic police personnel could be seen pointing his gun towards the participants. Khairul Anuar bin Pawanchik (W3) confirmed that he witnessed a traffic police personnel pointing his gun at the crowd. 5.45 From the testimonies of Superintendant Zahari bin Hj Mohd Yusoff (W23) and ASP Alekzandra bin Dawam (W25), they acted in accordance with Perintah Tetap Ketua Polis Negara in exercising their duties on 28 April 2012. W23 and W25 had ordered their troops to shoot the tear gas upwards but from the video (ID 12) recording shown to the Panel, some FRU officers could be seen shooting straight towards the participants contrary to the order. 5.46 Notwithstanding testimonies to the contrary, and as indicated earlier, the Panel is unable to conclude that the spirit of the PAA 2012 guided PDRM in its operations and in managing and handling the participants during the public assembly of 28 April. Indeed, it would appear that it was too soon after the enforcement of the PAA 2012 to expect any real or effective change from the erstwhile approach of PDRM in handling public assemblies. Communication Breakdown 5.47 The Panel takes note that communications were disrupted on the day of the assembly, leading to numerous instances of breakdown of communications as well as in the chain of command among the police personnel. 5.48 ACP Mohamad Zulkarnain bin Abd Rahman (W37) informed the Panel that due to a breakdown in communication, he was unable to convey his order to his officers during the breach of the barricades. Accordingly, he believed that his police personnel were acting on their own using their discretion and in accordance with the briefing they had received prior the assembly. 5.49 Dato’ Mohmad Salleh (W49) testified that at or around 5 pm, he ordered his personnel to pull back but he admitted that there was a possibility that they did not receive his order as the situation went out of control or that they were not focused in carrying out their duty during the assembly due to the breakdown in communication. 5.50 Arshad bin Abas (W5) informed the Panel that he had problems with telephony access within the area of the assembly at 3.00 pm. According to Mr. Hanif bin Ahmad Zainudin (W9), he was unable to contact his friends by phone or SMS as there was no network coverage. He was only able to receive messages at or around 6.00 pm. 65