POLICE have applied with the Gerik magistrates’ court to remand three Temiar arrested during an operation this morning to take down the blockade the community had rebuilt yesterday to keep loggers out.
Gerik OCPD Supt Ismail Che Isa said the three Orang Asli were detained for further investigation.
“We are in the process of applying for remand,” he told The Malaysian Insight.
He said they were seeking the remand under Section 341 of the Penal Code for wrongfully restraining others.
The Centre for Orang Asli Concerns said in a Facebook post the three villagers were arrested during the police operation.
“Three Temiar have been arrested – Johari Aleuj, Pam Yeek and Shukri Man. Also seized were five motorcycles and a camera.
“The three are being taken to the Gerik police station.”
In the meantime, the lawyer representing the Orang Asli, Thiyagu Ganesan, said the three will be produced in the Gerik magistrates’ court tomorrow morning for the remand order application.
He said two other Orang Asli Temiar will also have to make a court appearance as they have been charged for not carrying their identity card, an offence under Regulation 25 (1) (N) of the National Registration Regulation 1959 (Act 1978)
Ganesan said if convicted, they face a jail term of not more than three years and a fine not exceeding RM20,000 or both.
Ganesan also accused the police imposing the allegations on his clients.
“My argument is that the detention is illegal because the authorities should be aware that the Orang Asli are only defending their customary land from being trespassed.
“Since they have been living on these customary lands since before independence, they are also defending their rights,” he said.
He also criticised the police’s action in violating the section 341 of the Penal Code.
“They should be talking to resolve the dispute not resorting to arresting them.” – July 23, 2019.
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