"From the video, I find that first defendant Superintendent Che Hamzah had given conflicting, confusing and contradictory instructions over the hailer for the plaintiffs to disperse," he said.
Futhermore, he said, Che Hamzah was not decisive in his words over the disperse orders.
In his decision, the judge also found that the defendants had denied the plaintiffs' right to the legal access after they were arrested.
However, he found that the prosecution on the plaintiffs at the criminal Sessions Court was not made in bad faith and it was the Attorney-General's prerogative power under the Federal Constitution to prosecute them.
"The Attorney-General is doing his job and exercises his duty to prosecute them...this is not malicious prosecution," he said, adding that the plaintiffs had correctly named the parties in the suit.
On Dec 10, 2007, the six were charged with being in an unlawful assembly and failing to adhere to police orders to disperse, allegedly committed a day before (Dec 9, 2007) in front of Kamdar building in Jalan Tuanku Abdul Rahman.
SSA RV GR