Two DAP assemblymen were charged today with terror-related activities linked to the defunct Liberation Tigers of Tamil Eelam group.
- Charges of terrorism under Section 130J(1)(a) provides for life imprisonment or 30 years jail term or a fine if found guilty.
- Charges under Section 130JB(1)(a) provides for a maximum jail sentence of seven years, and the confiscation of the item, if convicted.
Ayer Keroh
P Gunasekaran and G Saminathan claimed trial today at the Ayer Keroh Sessions Court in Malacca to charges of terrorism under Section 130J(1)(a) of the Penal Code which provides for life imprisonment or 30 years jail term or a fine if found guilty. Also charged was businessman S Chandru.
Saminathan was also charged with possession of an item, said to have been used to perpetuate the offence linked to the LTTE, at the Human Resources and Consumer Affairs State Executive Council Office at the Melaka Chief Minister’s Department in Kompleks Seri Negeri on October 10 at 10.25am – which was a dark blue Samsung Galaxy S9+ handphone.
That charge was framed under Section 130JB(1)(a) also of the Penal Code, which provides for a maximum jail sentence of seven years, and the confiscation of the item, if convicted.
The trio was among a dozen individuals charged today in Malacca, Selangor and Penang with terrorism activities linked to the LTTE.
All three nodded, showing they understood the charges when it was read out before judge Elesabet Paya Wan, but no plea was recorded. They were represented by a five-lawyer team led by DAP national legal bureau chief and Bukit Gelugor MP Ramkarpal Singh.
Lim Kit Siang and Human Resources Minister M Kula Segaran were among senior DAP leaders present at the court to show their moral support.
The trio was then taken back to the Sungai Buloh Prison as bail was not allowed.
The case against the three accused is set for mention in court again on December 16.
Selayang
At the Selayang court in Selangor, businessman A Kalaimughilan was brought in by balaclava-clad policemen.
Kalaimughilan’s lawyer, V Yoges, said he is to be charged with terrorism.
However, no plea was recorded from the 28-year-old before judge Maziah Joary Mohd Tajudin as the case is to be tried under Security Offence (Special Measures) Act 2012 (Sosma).
The scrap metal dealer was charged with two counts of possessing terrorism-related items and materials.
Kalaimughilan allegedly committed the offences in a car and a house in Rawang, both on October 10 between 9am and noon.
During proceedings, Yoges said her client should be freed on bail as the prosecution failed to mention the provisions of Sosma in the charge sheet.
She also told the court that the accused suffered from several health problems, including migraines and hip pain after being involved in an accident last April.
Deputy public prosecutor Rohaiza Abd Rahman told the court that the offence was non-bailable under the security law’s provisions.
Judge Maziah rejected the Yoges’ plea for bail and set December 16 for mention of the case.
Kalaimughilan was arrested together with six others on October 10.
Two days later, five more men were apprehended, taking the number of arrested to 12.
All 12 were initially detained under Sosma. They were detained in Selangor, Perak, Kedah, Negri Sembilan, Malacca, Penang and Kuala Lumpur.
When met outside court, Kalaimughilan’s wife broke down in tears following the court’s decision to refuse bail.
M Tamilmalar defended her husband, a PKR Kepong member, as innocent. She also urged party leaders to speak up for him.
“They have used Sosma (on him) and made my husband look like a terrorist when he has not done anything.
“He was previously an (active) PKR member...and he organised many events for PKR.
“But now Anwar (Ibrahim) and the others are not speaking up for my husband,” she said while holding back tears.
“Please support my husband! My husband is not a terrorist! Please support my family!” Tamilmalar cried.
With her husband now in the Sungai Buloh Prison, she said she had to work, while also caring for her father-in-law, who has special needs. Finances were also a struggle.
Sepang
In Sepang, secondary school teacher Sundram Renggan @ Rengasamy, 52, was similarly charged with possession of terrorism-related paraphernalia belonging to the LTTE, the same law used against Kalaimughilan.
The English and Physics teacher was accused of committing the offence at No 21, Jalan 6, Taman Telok, Telok Panglima Garang in the Selangor district of Kuala Langat on October 12 at 2.30pm.
Like the others, no plea was recorded from Sundram when the charge was read aloud.
The teacher was represented by lawyer Kirthiraj Raja Sundram who asked for his release on bail, saying Sundram needed treatment for diabetes.
However, Deputy Public Prosecutor Azlina Rasdi objected citing his detention was made under Sosma.
Sessions Court judge Saifulakmal Mod Said ruled for the teacher to remain under detention but ordered that the accused be provided appropriate medical treatment.
Sundram’s case is also scheduled for mention in court on December 16.
Kuala Kangsar
At the Kuala Kangsar Sessions Court, technician S Arvainthan and taxi driver V Balamurugan were also charged with promoting terrorism.
According to their lawyer, RSN Rayer, they were said to have participated in a ceremony in support of LTTE in Sungai Siput on Dec 28, 2014.
“I submitted that the charge against them was vague, and that bail should be offered,” he added.
However, he said the prosecution submitted before judge Rohaida Ishak that no bail could be offered as Sosma procedures were used against the accused.
The duo will be held in remand at the Sungai Buloh prison. Case mention has been scheduled for Nov 28.
Those found guilty of the offence can be imprisoned for life or up to 30 years or fined. The government can also seize any property used to commit the offence.
Segamat
At the Segamat Sessions Court, a dispatch person was also charged for related offences today.
S Teran, 38, who works at a law firm and who is set to wed in December, was charged under Section 130JB (1)(a) of the Penal Code for possession of LTTE-linked materials.
He was alleged to have been in possession of the items at an address in Kampung Paya Pulai in Segamat at about 6.30pm on Oct 10.
The charge was read out in front of Judge Rasidah Roslee with no plea recorded.
Counsel A Mathan, representing the accused, sought bail for his client who he claimed suffered from spinal problems which required treatment.
Deputy Public Prosecutor Low Qin Hui, however, pointed out that this was a non-bailable offence as it involved public and national security.
Low also sought for Teran to be taken to Sungai Buloh prison in Selangor as he is slated to face further charges in the Kuala Lumpur Sessions Court later today.
Justice Rasidah decided the matter of bail will only be considered once a full medical report is presented to the court.
The court then set Nov 18 for case management.
Two more suspects are expected to be charged in Penang later today while two others on Thursday.
Last Tuesday, five men applied a habeas corpus to challenge their detention under Sosma. The case was supposed to be heard on Thursday.
The five were Saminathan, Gunasekaran, V Suresh Kumar, Chandru Suparmaniam and Arivainthan Subramaniam.
Saminanthan is the Gadek assemblyman while Gunasekaran is the rep for Seremban Jaya.
V Suresh is a local councillor and Chandru is the CEO of Green Technology Corporation. Both are from Malacca.
The individuals in their motion affirmed that they are not part of the banned and defunct LTTE and denied trying to revive the militant group.
Habeas corpus is legal recourse for those under detention to plead their case before a judge unless the authorities can prove lawful grounds for their arrest.