68 SUHAKAM Report of Public Inquiry into the Incidents During and After the Public Assembly of 28 April 2012 been agents provocateurs. While the Panel does not deny the possible existence of agents provocateurs, the Panel is unable to verify this fact or determine who those persons were. No one came before the Panel to verify the existence of such groups of persons either. 5.65 There were apparently groups of man wearing black T-shirts who were seen standing near to or with the police; as well as working with the police and dismantling the barricades. According to the testimony of Kunabal a/l Rajagopal (W1), he witnessed some men in black T-shirts dismantling the barbed wires erected across the bridge in front of the Bar Council Building at or around 3.00 pm but there was no reaction from the police. Khairul Anuar bin Pawanchik (W3) in his testimony informed the Panel that the dismantling of the barbed wires required experience and expertise. This testimony is supported by the admission of the police that if not handled properly or according to procedure, such wires could cause minor injuries. (see Chapter 4, paragraph 4.12). 5.66 According to Christopher Leong Sau Foo (W40), he saw some people who were standing with the police, wearing black shirts and pants/jeans in the vicinity of Masjid India. W40 related an incident where he was asking the crowd to move back to avoid the congestion along Jalan Melayu, when suddenly a man in black T-shirt and black jeans came towards him and asked him to stop shouting. W40 then identified himself as a member of the Bar Council monitoring team, whereupon the man replied, “So what?” By that time, several participants had rallied around W40 and the man took off. 5.67 Chen Shaua Fui (W15) also testified that she witnessed a few Proton Perdana cars, with dark-tinted windows, driving very fast towards the crowd at Jalan Tun Perak. She thought those cars were police cars as there were riders in front of the cars. They made a sharp U-turn, which angered the crowd whereupon they started throwing bottles at the cars. 5.68 There were several plain-clothes police personnel who were not wearing police vests who were caught on videos and cameras beating up the participants. (ID 11& ID 12) Observations by the Panel 5.69 The Panel is of the view that in the spirit of the PAA 2012, PDRM should have facilitated the assembly on 28 April 2012. According to the PAA 2012 as stipulated under section 8, “the police officer may take such measures as he deems necessary to ensure the orderly conduct of an assembly in accordance with the Act and any written law”. To this end, the police have the responsibility to facilitate the assembly by managing and directing the movement of the participants, members of the public,

Выберите целевой абзац3