Home TA Online 2011 TA Online To the magistrates of Malaysia

To the magistrates of Malaysia

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Detained Member of Parliament Dr Jeyakumar Devaraj wrote this message before 10 July 2011 during his ongoing detention.

I hope some of you will get to read this letter. On 25 June 2011, 31 of us who were on a bus were detained by the police at the Sungai Dua Toll, close to Kepala Batas, Penang. We were conducting the ‘Udahlah tu….Bersaralah’ campaign telling people to think carefully before voting in PRU13.

The OCPD at the IPD in Seberang Prai told us that he had information that we had weapons on board the bus. Of course we hadn’t, and we thought we would be released later that evening after our bus was searched. But we were held overnight.

The next morning we were flabbergasted when the police applied for a one-week remand saying that they were investigating us under section 122 of the Penal Code, “collecting weapons and people to wage war on the Agung.” The police got their one week.

I would like Malaysian magistrates to give particular attention to this next point – despite remanding us for one week to investigate the S122 offence, the police did not send a team to search my office in Sungai Siput or my house in Ipoh or any PSM office anywhere. Surely if the 122 charge was for real (but there were absolutely no weapons on the bus), it would be extremely negligent of the police to not search my office or home!

This brings us to the conclusion that the police themselves didn’t believe in the 122 charge from the outset. They used it to shock the magistrate into granting a one-week remand for all 30 of us.

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This is a fact Malaysian magistrates must be made aware of when conducting remand applications. Our police sometimes bluff and audaciously at that. In doing so, they are misusing their powers to detain people for long periods!

Article 5(1) of our Federal Constitution says no person shall be deprived of his life or personal liberty save in accordance with the law. In our case, our liberty has been denied by a blatant misuse of the law! So, Malaysian magistrates please don’t believe everything the police claim!

The doctrine of separation of powers is meant to prevent injustices such as this!

Dr Jeyakumar Devaraj is a Member of Parliament from the Socialist Party of Malaysia, currently detained without trial under the draconian Emergency Ordinance – the other ISA. He is also an Aliran member.

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