Malaysia
Ten greenies charged with unlawful assembly over Lynas protest
(From left ) PKR MP Fuziah Salleh, Australian anti-Lynas activists Natalie Lowrey and Tully McIntyre, Himpunan Hijaus Wong Tack (in green shirt), PASs Zulkefly Mohd Omar and PSMs S. Arulchelvan. u00e2u20acu2022 Picture by Ida Lim

KUANTAN, July 8 ― All who took part in a protest against Lynas Advanced Materials Plant in Gebeng last month, including Himpunan Hijau leader Wong Tack, were charged today for allegedly committing unlawful assembly and rioting.

According to The Star, Wong and nine others were charged under Section 145 of the Penal Code, which carries a jail term of up to two years, a fine or both, if convicted.

They were Chong Kong Yuen, Raymond Ng Abdullah, Hew Kuan Yau, Thomas Wang, Ta Weng Seng, Rapar Ahmad, Lee Khai Ming, Tan Chee Hooi and Zamri Zonal.

The Star also mentioned that all of the accused allegedly committed the offence between 4pm and 5.30pm in Jalan Bandaran, Gebeng, on June 22, despite orders by Kuantan OCPD Asst Comm Abdul Aziz Salleh to disperse.

Five other protesters were charged for gatecrashing a police blockade set up under the instruction of ACP Abdul Aziz at the same place and time.

The five charged are Phua Kia Yaw, Ho Kam Huat, Foong Poh Choo, Wong Chee Wai and Wong Chee Wen.

The offence, under Section 147 of the same Act for rioting, also carries the same punishment, upon conviction.

Ho, also faced an additional charge for allegedly using criminal force to deter a public servant from discharge of his duty, adds The Star.

Clad in their trademark green t-shirts, all of the accused claimed trial to the charges.

The case is fixed to be re-mentioned on September 2 by sessions judge Zainal Abidin Kamarudin. He granted a bail of RM2,500 for each charge in one surety.

The sessions judge also set conditions for the accused not to discuss the proceedings with a third party and to report themselves to the nearest police station before the fifth of every month.

The accused were represented by Gobind Singh Deo, S. Prakash, Revin Jay Kumar and Hai Jan Kumar while Deputy Public Prosecutor Kalmizah Salleh prosecuted.

Lead counsel Gobind Singh, when met outside the courtroom,  said the defence would be challenging the “gag order” which was very unusual and unlawful at the High Court here.

“This is against Article 10 of the Federal Constitution. We would be filing the documents in one or two days,” Gobind said according to The Star, adding that he had never come across such a condition imposed against speaking to a third party.

A group of people, including several opposition assemblymen namely Leong Ngah Ngah (Tanah Rata), Chow Yu Hui (Bilut), Lee Chin Chen (Ketari) and Andansura Rabu (Beserah) were present at the courthouse to show support. They were clad in mostly green t-shirts.

There was also heavy police presence led by Kuantan Deputy OCPD Supt Abdul Aziz Ahmad.

The accused later posted bail and dispersed peacefully. 

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