Gross miscarriage of justice by the police in Lojing, Kelantan where 3 Temiar Orang Asli were arrested and charged for rioting while in fact they were the victims of a violent assault

Media Statement by Dr. Ong Kian Ming, MP for Serdang, on the 12^th of March, 2014 in Kuala Lumpur

On the 26 Feb 2014, a group of six Temiar Orang Asli from Kampung Tahu in Lojing, Kelantan were attacked by a group of about between 40 to 100 Myanmarese migrant workers as they were heading for a village meeting. Two were severely injured, requiring hospitalization and 7 (Itam bin Ajang) and 15 (Rahman bin Uda) stitches respectively. Another (Anes bin Akai) had his motorcycle intentionally damaged by a bulldozer after he abandoned it and fled.[1]

On the 27 Feb 2014, the victims made reports at the Gua Musang District police station, they were told to try and settle the matter with the employer of the migrant workers, by the police.  They were asked to accept RM500 compensation from the employer of those Myanmarese workers – Allgreen Agritech Sdn Bhd - and owner of the project that has encroached on their customary land.[2] The police also tried to get the Temiars to say that the injuries were caused after they fell from the motorcycle; and that they were drunk at the time.

On the 5 March 2014, these six Orang Asli (including the victims) came to KL to lodge a complaint with the Police Headquarters at Bukit Aman with the assistance of Bar Council lawyers.  They complained with the Ethics Division (Bahagian Tatatertib) of Bukit Aman against the allegedly unprofessional Gua Musang cops.[3]

On the 9 March 2014, three of the six were detained and remanded at Gua Musang Police Station for investigation under Section 148 of the Penal Code - possessing arms at riot.  They are Itam Anjang, Rahman Uda and Anis Akai - they were the victims of the Feb 26 attack and came to KL on Mar 5 for the Bkt Aman complaint. 

On the 11 March 2014, the Temiar Orang Asli trio were charged in Gua Musang Magistrate Court under S148 to which they claimed trial. Judge fixed bail at RM 2,000 with one surety each.  As of yesterday, they were unable to post bail because they did not have access to sufficient funds.

It is a travesty of justice of the highest nature when the victims of a violent assault are instead being charged for a criminal offense. One cannot help but think that the police in Gua Musang are ‘taking revenge’ against the three Orang Asli for making a report against them in Bukit Aman. This incident also raises questions about the ability of the police in Gua Musang to protect the Temiar Orang Asli villagers in Kampung Tahu, Lojing, Gua Musang and their links to All Green Agritech Sdn Bhd, the employer of the migrant workers who attacked the Orang Asli.

I call upon the Inspector General of Police, Tan Sri Khalid Abu Bakar, to conduct a full investigation into the complaints made against the behaviour of the police in Gua Musang, to drop all charges against Itam Anjang, Rahman Uda and Anis Akai if it is found that the police in Gua Musang acted unprofessionally and to take serious disciplinary action against these individuals who have marred the good name of the police force.