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Tuesday, July 6, 2010

Jet engine theft: Airman's bail reduced to RM50,000

The Petaling Jaya High Court has agreed to reduce airforce sergeant N Tharmendran's bail to RM50,000 with one surety.

Justice Su Geok Yian ordered Tharmendran to surrender his international passport as it would help secure his attendance in court.

azlanTharmendran isjointly chargedwith Rajandran Prasad Kusy with the theft of two F-5E engines at the air movement section of the Subang air force base some time in December 2007.

If found guilty under Section 380 of the Penal Code, he could be sentenced to 10 years' jail.

He faces a second charge of abetment under Section 109 of the Penal Code for collaborating with senior airman Mohamad Shukri Mohamad Yusop in the theft of the engines from the Sungai Besi airforce base.

The judge said that, after considering the submissions and affidavit, she found that Tharmendran's application has merit.

"He is a government servant with a gross salary of RM3,500, (and has) four dependents. With the dependents, he is unlikely to abscond.

The court also noted that the accused has to support his aged father and an elderly brother who is paralysed as he has suffered from polio from birth.

She said the bail of RM150,000 imposed by the Petaling Jaya Sessions court had not taken into consideration Tharmendran's capacity to post the sum.

Imposing an excessive bail sum is tantamount to finding him guilty, the judge said.

Tharmendran had applied for reduction of the bail under Section 389 of the Criminal Procedure Code.

"The facts showed Tharmendran had served the air force for 22 years prior to his charge with the theft of two aircraft engines," said the judge.

NONEHowever, his lawyers were unsure as to whether Tharmendran would be able to post bail, as family members are still gathering the money.

His father N Nagarajan (left in photo with lawyer M Manogaram)attended the hearing today.

He had previously said he may have to mortgage his house in Seremban to raise the money.

Submission made

This morning, Justice Su had heard submissions from lawyer M Manogaram and N Suresh, representing Tharmendran, and DPPs Syed Faisal Syed Amir and Hamid Mohd Noor.

Manogaram said bail should not be excessive as it should only be used to secure Tharmendran's attendance in court.

"Furthermore, the argument that it affects national security is untenable as the jet engines were only kept in a warehouse and were not being used," he said.

Manogaram said his client is just a government servant who only has a monthly disposable income of RM1,500.

"Hence the bail set at RM150,000 is excessive. The co-accused, who is a businessman, can produce the amount as he can afford it. However, the circumstances faced by our client are different."

Manogaram also said the jet engines have since been recovered in Uruguay and are being sent back to Malaysia.

Syed Faisal said the theft had resulted in the inability to operate the F-5E aircraft and, as such, was a matter of national security. He said the engines are worth RM303,000.

The judge then requested the notes of proceedings from the Sessions Court, which were submitted to her at 12.40pm.

'Substantial reduction'

Outside the court, Manogaram welcomed the decision to reduce bail, saying it was decided according to the law.

NONEAnother lawyer N Surendran (left)noted that this was a substanstial reduction.

"This case is of vital interest to the public. A lot of information has not been released to the public because he is being held in remand," he claimed.

Kapar MP S Manikavasagam, who was present, also lauded the ruling, saying there is more to the issue then the theft of the jet engines.

"Tharmendran's release will (bring out) shady details as to who was behind the deal," he claimed.


courtesy of Malaysiakini

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