Malaysian Prosecutors Drop Attempted Murder Charges Against Ethnic Indians

Malaysian prosecutors dropped attempted murder charges against 31 ethnic Indians on Monday, a move likely to soothe minority Indians who say they are victims of discrimination in this Muslim-majority country.

Prosecutors said all charges were being dropped against five Indians, all students. Attempted murder charges—punishable by 20 years in prison—were dropped against the remaining 26 defendants. In exchange, they pleaded guilty to causing mischief and illegal assembly during a rally last month.

All 26 were freed on bail but could face up to five years in jail and a fine when they are sentenced on December 27, lawyers said.

The 31 were arrested on November 25 when more than 20,000 ethnic Indians demonstrated in the streets in an unprecedented public show of anger in defiance of a government ban. They were charged with attempted murder as a result of a head injury to one policeman, provoking an international outcry.

In the packed Sessions Court, cheers broke out when Attorney General Abdul Gani Patail told the judge he was dropping all charges against five Indians and attempted murder charges against the 26 others.

"I could be very strict but I don't think this is the time to be that strict," he said. "When we exercise the law ... we look at what is fair and just ... and in my judgment this is the fairest thing to do," he said.

Several ethnic Indian social groups as well as an Indian-based political party, which is part of the ruling coalition, had urged Prime Minister Abdullah Ahmad Badawi to drop the attempted murder charges.

Opposition leader Lim Kit Siang of the Democratic Action Party called for charges against the 26 others to be dropped.

Five key leaders of the Hindu Rights Action Force, which organized the November 25 rally, remain in detention under the colonial era Internal Security Act that allows indefinite imprisonment without trial.

On Monday, rights groups staged a protest outside the government's National Human Rights Commission, urging the body to push for abolishing the ISA.

Ethnic Indians make up about 8 percent of Malaysia's 27 million people, and most are at the bottom of the country's social and economic ladder. Malay Muslims comprise about 60 percent of the population, and control the government. Ethnic Chinese account for about a quarter and dominate business.

Hindraf is demanding equality and fair treatment for Indians, saying an affirmative action program that gives preferential treatment to Muslim Malays is tantamount to racial discrimination. The Indians also complain their religious rights are being trampled.

Vasantarao Appasamy, 19, one of those released, said he is happy to be out of jail. "But I am just disappointed about this government."

By Julia Zappei/AP Writer/Kuala Lumpur December 18, 2007