KUALA LUMPUR, 6 FEB, 2010: A witness in the the Human Rights Commission of Malaysia (Suhakam) public inquiry in the detention of five lawyers today questioned the handling of the proceedings.

Police Superintendent Jude Pereira, who at the time was Brickfields police criminal investigation department chief, was called as the 11th witness and said that lawyer M.Puravelan questioned him as if in a court trial whereas he was just to assist the commission to make a decision.

Pereira, who is now with the Bukit Aman law review division, said the public inquiry was different and he appealed to those handling it to be sensitive to the situation.

However, inquiry chairman, Datuk Muhammad Shafee Abdullah, said the commission was aware of the matter but to date questions had been relevant and did not go beyond limits.

Early in the proceedings, Puravelan who represented the five lawyers who had been detained posed questions in a firm tone and questioned Pereira's answers.

Pereira said the order to detain at the time was not made to arrest lawyers but was meant to detain those who refused to disperse from an illegal assembly.

"I did not know them when they were gathered outside the fence. They looked young. Like still in school, not like lawyers," he said.

Pereira added that the situation at the police station was chaotic and he agreed to suggesting the use of Section 28A of the Criminal Procedure Code that denied detainees the services of lawyers for the five lawyers detained on that day.

Asked if the particular section could be used in the situation and how he knew of it, Pereira replied: "Yes. It is suitable for use. I have knowledge of laws."

Meanwhile, the 21st witness, Brickfileds police district chief ACP Wan Abdul Bari Wan Abdul Khalid said he issued order of arrest after he found the situation was not under control and that those gathered refused to leave the police station area.

Wan Bari said Jude had told him the situation was untenable following no cooperation from those gathered and that some people were being aggresive.

The inquiry at Menara Tun Razak continues tomorrow.

The five lawyere detained were Puspawati Rosman, Fadiah Nadwa Fikri, Murnie Hidayah Anuar, Ravinder Singh Dhalliwal and Syuhaini Safwan.

They were detained and put in the lock-up for attending a gathering outside the Brickfields police station on May 7 last year between 9.25pm and 9.30pm as a follow-up to a gathering a day earlier to protest the detention of a blogger, Wong Chin Huat, at the police station.

All the five lawyers said they were there to represent people who had been detained earlier.

• Rights to Oil Royalty Not Based on PDA Only
• Missing Jet Engines Found in Uruguay
• Commotion Erupts Over Failure to Give Memorandum to Penang CM
• Police Will Call Datuk Nasir Safar to Record Statement
• People Should Not Take Religious Issues Lightly