RMAF withdraws appeal against airman's release

RMAF and the government have dropped the case against N Tharmendran because he has reported for duty again. Former Royal Malaysian Air Force (RMAF) sergeant N Tharmendran, who is charged with abetting in the theft of two Northrop F-5E jet engines, will remain free of RMAF detention. This follows the decision by RMAF to withdraw its appeal against a Kuala Lumpur High Court decision to order Tharmendran's release. On Jan 19, High Court judge Su Geok Yiam ordered Tharmendran (right) to be freed from the Batu Cantonment Camp in Jalan Ipoh, where he had been held since his arrest on Nov 25 last year. Su had allowed Tharmendran's application for habeas corpus and also ruled that his detention by the RMAF was unlawful. Tharmendran was initially released on bail on Sept 5 last year while he faces trial over the missing jet engines, but was arrested by the RMAF provost marshals on Nov 25 for allegedly going AWOL (being absent without leave). The withdrawal of the application by appellents arresting officer Lt Kolonel Mohd Rodzali Rudin, RMAF chief Jeneral Rodzali Daud and the government was informed by deputy public prosecutor Manoj Kurup to the Federal Court today. The case was supposed to be heard today by a panel of three judges let by Justice Zulkefli Ahmad Makinuddin. The other judges are Justices Mohd Ghazali Mohd Yusoff and Abdul Hamid Embong. Tharmendran was represented by counsel Amer Hamzah Arshad. Tharmendran back at work Met later, Manoj said there is no need to pursue the case as Tharmendran has reported back for duty. On Jan 6 last year, Tharmendran, 43, claimed trial to a charge with abetting airman Mohamad Shukri Mohamad Yusop in the theft of the two jet engines from the Material Processing Shed MATRA 1 at the RMAF base in Sungai Besi on April 30, 2008. If found guilty, he could be jailed for up to 10 years and fined under Section 380 of the Penal Code for theft. Tharmendran also claimed trial to a money laundering charge, involving RM62,000. This charge under Section 414 of the Penal Code carries a jail term of up to seven years and fine if found guilty. He had tried to strike out the two charges against him claiming that he was tortured while in custody to admit to the crimes. His applications to strike out the charge was rejected by Shah Alam High Court's judicial commissioner Asmabi Mohamad ruled that there was insufficient grounds to dismiss the charge. Asmabi ruled that the High Court was not the right forum to strike out the charges against the former airman and she suggested he instead filed a civil suit against his two alleged torturers. Tharmendran in an exclusive interview with Malaysiakini had said that he was assaulted while under detention before he was charged.