Tuesday, March 30, 2010

Nota dari seorang Adik (Khaeryl Benjamin's sister)



Today at 3:16pm
Speak With Me.

March 26, 2010 22:43

by Elza Irdalynna


On March 11th, he was arrested at his apartment's parking lot in Segambut. Police brought him to an apartment he rented in Kepong, and after entering, claimed that in that residence, he possessed 800grams of cocaine, and 140grams of methamphetamine, and accused him of processing and trafficking, putting him under the risk of being charged under Section 39B, which carries the death penalty.On March 12th he was remanded for 7 days. When my parents inquired if we can engage a lawyer, the Investigation Officer told us "No need".On March 17th, after our family waited more than an hour, we were allowed to see him for the very first time, under supervision.Again my mother asked if we should get him a lawyer, again the I.O advised against it, claiming "Lawyer tak boleh buat apa-apa sekarang. Buang duit je. (Lawyer can't do anything now. It's simply a waste of money)."On March 18th, his remand was extended another 7 days. The magistrate inquired why there was no lawyer present for him, and whether he was made aware he had the right to a counsel of his choice. He replied "No." Therefore, he requested for one, and only nine hours later, did the I.O call to inform my mother, who promptly engaged Amer Hamzah Arshad.But the very next day, the police used their Executive authority under Section 28A that vetoed his right to a counsel. All requests made by our lawyer to visit him was denied.Only after we complained to SUHAKAM, did the police allow Amer to visit him.On the last day of his remand.After the investigations were concluded.For only 15 minutes.On March 25th, he was brought to court, and charged under Section 12(2) for possession of 0.24grams of metaphetamin in his Segambut residence. Nothing the police claimed they found in the Kepong residence, the cocaine and shabu that was "already packaged to be distributed" or the so called "cocaine processing mini-lab" was brought to court.Because there WAS none.He was released on bail. A trial date was set. He was so close to being free, and seeing his 4 year old son again.But as he was signing the papers of his release, the Plainclothes were outside waiting.Not two steps after he came out of the bail department, without any explanation, they re-arrested him. Amer was restrained from protecting him, and only after Amer repeatedly asked them to show their I.D, did they do so. Still, no explanation was given to the family. We were merely told to go to the Headquarters and speak to Inspector Kang. The same guy who claimed my brother possessed the cocaine they NEVER found.He never saw us, he was "in a meeting." He wasn't too occupied to give the press a statement, but was unavailable to see us.We were told by the new I.O for this case, and the DSP (the guy who signed the papers denying my brother the right to a counsel) that they are detaining him for 60 days under the Special Preventive Measures Act (LPK), after which, they could further detain him for 2 years if found guilty.Guilty according to THEM. For under this act, it is a detention without trial, like the Internal Security Act. Any information gathered from "witnesses" and "investigations" will never be disclosed to him or his lawyer, or the court. He will also not be able to defend himself against any allegations. Under this act, he will never have his day in court.On March 25th, my brother, Ben, was denied his Constitutional rights.For 2 weeks, our family went through hell. Sleepless nights, press waiting outside our door, Ben had asthma attacks after the police delayed themselves in acquiring the requested medication for 3 days, mama suffered chest pains and lost her voice.We felt it was all worth it, for we would be able to have him back.But now, a new nightmare has begun.Whether or not Ben is guilty, should not be for the Police to decide. If they HAD the evidence to strengthen their warrant for re-arrest, why was it not brought to court? Why is Ben not given a chance to defend himself? How can we ever know the authenticity of these so called witnesses and their statements? If there were ANY to begin with?Under this act, I could simply be caught for any crimes of drug offences the police accuse me of, because they can claim they have enough information (even if they have absolutely nothing) and detain me. For 60 days, for 2 years, and even EXTEND it after.Acts like this and the ISA are licenses for ARBITRARY arrest and detention. Anytime. Anywhere. Anybody.My family and Amer will not back down. We will fight for Ben's right. We will speak up for all of those who were silenced before us, who will be silenced hereafter.But we seek your help. In any way at all, help us fight this. Re-post this, write on your blogs, write to your local representative, to our newspapers, and together we shall use our voice, our art, our space, to stand up not just for Ben, but for all our rights.Liberty is a Constitutional right. It's time to get it back.
foto: mat kepoh
sumber: status FB Puspa Rosman

13 comments:

b.r.u.t.a.l.s.o.l.o said...

kalau dia tak bersalah kita doakan dia bebas

kalau bersalah aku tak ambik pot

Anonymous said...

tapi test air kencing dia positif kan?

C++ said...

Err...

Sori la... bukan gua dengki dan irihati sama diorang .. cuma... kenapa baru sekarang tahu dan perasan apa yang PDRM buat selama nih kat rakyat Malaysia..

Kalo tak kena batang hidung... agaknya sampai bila-bila pon masih dok sokong UMNO/BN.

Sor la.. gua dah lama tak respek orang yang tak paham undang-undang dan hak perlembagaan seseorang warganegara...

Macam siot jer...

anyway.. kalo Benjy tak salah.. gua sokong dier.... oh yer.. bukti pon takder ka... cikai la kerja PDRM nih.. buat malu jer..

kulupSakah said...

anon,
itu lain cerita. Tapi hak yang dah termaktub dalam undang2 jika seseorang ditahan mesti diberi.Sila cari majalah kami untuk mengetahuinya.

kulupSakah said...

C++,
memang betul tu. Harap depa belajar dari ini semua. Dulu Kugen,Beng Hock dan seorang budak Melayu yang aku lupa namanya.

Anonymous said...

bila dah terkena kt batang hidung baru tauuu...pasal tu la org wat demo dulu tu....dulu kutuk yg wat demo tu..haahhh skang dah kna kt family sendiri....tu bru sikit jer..cuba bandingkan mereka yg kna macam2 charge sbelum ni smpai dipisahkan suami isteri anak2 dan keluarga sampai bertahun2 sedangkan mereka tu x bersalah....

alang said...

Kepada budak2 pengomen yg lain, yg lepas tu lepas la. Jgn ungkit balik perihal dulu2. Yg penting kita lawan akta2 yg kejam dan zalim.


Bro mohon ulang siar dalam blog aku.

joegrimjow said...

xtau bersalah ke x
bersalah kot

azmie said...

masa nak sebut pertuduhan memang la semua tu tak dibawak ke court. masa trial nanti baru bawak.
tahun ni tak ke pwtc la gamak nya depa ni. pada kak yan dan keluarga, rajin2 la menjengok aktivis gmi

. said...

Itu kes tangkap dan boleh dibicarakan pun dah 'our family went through hell'.Cuba bayang kan kes tangkap tanpa bicara atau lebih dikenali dengan ISA. Apa macam?. Dalam konteks ini aku setuju dengan komen C++.

Kepada yang terlibat, bersabar lah. Apa nak buat....kan Malaysia boleh!!!!

Anonymous said...

biasa je kes gini... takkan nak another set of law because he's an artist...

there's lots of tokey had been detained under CPO...

dah kena kat diri sendiri baru nak tau ada undang-undang pencegahan jenayah ni ke?? baru nak bising??

taim orang kena sembur segala macam air, kena ketuk ngan belantan... reti nak merungut kata jalan jem, susah nak gi mana-mana...

tapi... kalau untuk penjenayah... wa sokong je cpo nih... cuma... patutnya semua lah yang memang dah polis tau jadi tokey tu... tangkap la... takkan pilih-pilih tokey kot... kat tempat wa, siap budak tulis lam gugel map lagi lokasi rumah tokey kuda ngan ubat batuk nih... tapi tak penah-penah kena cpo pun, padahal taim tu abis semua tokey kecil-kecilan kena hangkut ke simpang renggam... cheh...

Anonymous said...

..lama dulu aku pernah report kat Balai Menglembu pasal satu klinik kat situ yang jual ubat batuk pada bebudak Melayu kita..apa depa kata?Encik ni sibuk2 report ni dah ada back up ke?Nanti kot jadi macam reporter TV 3 (kena warning ngn gangster) hah amacam?!...Huh!Macam haram jadah aku kata depa tu..

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