SUHAKAM Public Inquiry on "Bloody Sunday" - Day 4

SUMMARY OF PROCEEDINGS

Today is the 4^th day of the inquiry. The inquiry will continue on the following days:

October 13, 16, 17 & 18

Today’s witnesses:

1. Zahir bin Hassan (W17)

2. Dr. Hasnita binti Hassan (W18)

3. Syed Ibrahim Syed Noh (W19)

4. Lim Ban Teng (W20)

5. Dr. Nur binti Abdul Karim (W21)

6. Nashita bin Md Noor (W22)

7. Ooi Tze Min (W23)

Doctors confirmed that force used on the victims was excessive

Seven witnesses were called to testify in front of the inquiry panel today.

17^th witness: I also want to know why the FRU personnel kicked me

Zahir bin Hassan is the first witness of the day. He is the deputy secretary general of Parti Keadilan Rakyat (PKR).

According to Zahir Hassan (hereinafter referred to as Zahir), the police did make announcement before water cannon were unleashed. But he could not hear clearly what the announcement was. Zahir told the inquiry panel that the FRU charged into the crowd at a very fast pace when the crowd was slowly dispersing. He said that 4 to 5 FRU personnel beaten him up.

Zahir testified: “I was only trying to give some senses to the police that the crowd was moving away and there is no need to push them. They (FRU personnel) pushed me; I lost balance and fell down on the road (Jalan Ampang) I was stumbled by the pushing of the shield. A bus had to stop because I fell on the middle of the road. I felt several kicks on myself. I was only half or quarterly conscious at that moment.”

Answering Dato’ Vohrah’s question on what triggered the FRU personnel to kick him, Zahir said smilingly “I also want to know.”

One of the panel members, Datin Zaitoon asked Zahir a hypothetical question on whether the kicking might have caused by him preventing the police from doing their job? Zahir answered solemnly: “If that is the reason, there is a serious problem on the training and professionalism of the police.”

18^th witness: The force used on Zahir Hassan was excessive

Dr. Hasnita binti Hassan (hereinafter referred to as Dr. Hasnita) is a medical officer attach to the accident and emergency department of Hospital KL. She is the 18^th witness of the public inquiry.

Dr. Hasnita is the doctor who examined Zahir Hassan on 28 May when he was sent to HKL. In her testimony, Dr. Hasnita observed red marks on Zahir’s left forehead, abrasion wound on his right cheek; lower incisor and canine of him were angulated and loose.

Dr. Hasnita told the panel members that the injuries could be caused by a blunt object. It could also be caused by a fall. However, the injuries were consistent with what was told by the patient (Zahir Hassan).

Dr. Hasnita also confirmed that the injuries on Zahir must have been caused by a trauma. The force used on him was excessive because it has caused him bled.

19^th witness: Zahir did not resist at all

The 19^th witness of the inquiry, Syed Ibrahim Syed Noh (hereinafter referred to as Syed) was called to testify. Syed was only about 10 feet away from Zahir when he was kicked by the FRU personnel.

According to Syed, FRU personnel shoved Zahir with shield and he fell on the road. He saw 2 FRU personnel kicked Zahir; one kicked on the front (face), and the other kicked on the back. He noticed that Zahir did not move after being kicked. He moved towards Zahir and tried to protect him. When he checked on Zahir, he saw blood stain on his left forehead. He also noticed bruises on Zahir’s left leg and it was swollen. When he asked Zahir whether he was ok at that moment, Zahir did not answer. Only when he was trying to stop the police from carrying Zahir away, he heard Zahir said “Tak apa, biarkan” (it’s ok, let them)

Answering Dato’ Vohrah’s question on whether Zahir was talking to the police in a raised voice, Syed told the panel chief that Zahir was talking in a gentle manner. Zahir did not resist at all though he was being kicked by the FRU personnel.

20^th witness: My finger was fractured!

Like most of the participants, Lim Ban Teng (hereinafter referred to as Ban Teng) did not hear clearly the warning to disperse from the police, though he was standing at the outermost of the crowd.

Being one of the unfortunate victims, Ban Teng told the inquiry panel that the police used baton on the crowd who were dispersing. He and his friend were dispersing towards the Public Bank building after the water cannon were unleashed. Suddenly, he saw his friend, Lee Huat Seng (W8) was being beaten on the back by the FRU personnel. He then moved towards Lee and tried to help. While he was trying to reach Lee Huat Seng and pull him away, he was hit on his finger too.

Ban Teng consulted doctor in Hospital KL on that afternoon. He was told by the doctor that his finger was fractured, and the pain lasted until today.

21^st witness: The injury suffered by Lim Ban Teng was serious

Dr. Nur Abdul Karim (hereinafter referred to as Dr. Nur) is the medical officer who examined Lim Ban Teng (W20) on 28 May. Dr. Nur is attached to the emergency department of Hospital KL.

On physical examination, Dr. Nur told the inquiry panel that Lim Ban Teng’s right thumb was swollen with reduced range of movement. After doing an X-ray check, she found that Ban Teng has suffered from a fracture on the 1^st metacarpal bone of his right hand. It was a closed fracture and it might be caused by blunt object with high velocity.

Dr. Nur classifies the injury suffered by Ban Teng as a serious but non-critical injury. She is of the opinion that the force used on the victim was excessive.

22^nd witness: I was angry because we were being treated like animals

Nashita Md Noor (hereinafter referred to as Nashita) is the 6^th witness of the day. She witnessed the melee where Zahir Hassan was being kicked by the FRU personnel.

Nashita recalled, people started running away after the water cannon were unleashed. She saw the police in green vest started to chase, arrest and handcuff protestors. She was with her 12-year-old son and 5-year-old daughter when a group of FRU personnel came and yelled to them. They shouted “Baliklah!” (go back) several times and pushed them (the protestors who were dispersing) with their shields. Nashita told the panel members that she was very angry, because as a human being and a mother, she felt bad for being treated like animals.

At one point, Nashita saw Zahir Hassan (W17, who is also her neighbor) was rushing towards his daughters who were being pushed by the FRU. The next second, Zahir was pushed to the ground and the FRU personnel started to kick and hit him. Zahir was seen bleeding. Later on, Zahir was manhandled and being brought away by a group of policemen.

Nashita was also being pushed from behind and fell on the flower bed of the pavement.

23^rd witness: I was being kicked on my back while dispersing

Ooi Tze Min (hereinafter referred to as Tze Min) is the 23^rd witness of the inquiry. He was kicked and hit by the police while dispersing.

Consistent with most of the participants, Tze Min did not hear any warning from the police during the assembly. When the water cannon were unleashed, Tze Min was drenched and started to retreat.

While he was moving towards the direction of Public Bank with his friends, FRU came and pushed them from behind. Tze Min told the inquiry panel that he was being kicked on his back. Besides, he also saw two of his friends, Lee Huat Seng (W8) and Wong Keen Yee were being hit by policemen. According to Tze Min, they told the police several times that they will leave and do not push them. Unfortunately, their efforts were in vain.

The public inquiry will continue tomorrow (13 October).