Gadek state assemblyperson G Saminathan has sent a letter of representation to the Attorney-General Tommy Thomas in relation to constitutional issues involving his bid for bail despite being detained under a security law over the probe into terror group Liberation Tigers of Tamil Eelam (LTTE).
His counsel Ramkarpal Singh today informed the Kuala Lumpur High Court that the letter of representation was sent on Monday this week.
Today was initially fixed for hearing of Saminathan’s (above) application for bail, which involved constitutional issues of Sec 13 of the Security Offences (Special Measures) Act 2012 (Sosma).
Section 13(1) of the act stated that bail shall not be granted to a person who has been charged with a security offence.
“We have sent a letter of representation to the AG on Monday for his consideration.
“I was made to understand that he (Thomas) needs time to consider the representation. My learned friend (DPP Muhammad Iskandar Ahmad) can confirm that,” Ramkarpal told Justice Mohd Nazlan Mohd Ghazali.
Ramkarpal (below) also sought for today’s hearing be postponed to another date in the event that the letter of representation is not accepted.
Iskandar then confirmed that the AG’s Chambers have received the letter of representation, adding that this Friday has been fixed for a meeting involving the AG in relation to the letter of representation.
“We have received (the letter of representation). AG said this Friday (is set for discussion of the letter). I have no objection to my learned friend’s (application),” Iskandar said.
When Justice Nazlan asked whether the AG can make a decision on the letter of representation on Friday, Iskandar said he does not know and that it would all depend on the AG when the matter is discussed on that day.
Ramkarpal then urged the court to fix the next hearing date within the near future in order to be able to determine as soon as possible on whether Saminathan can be allowed bail or not.
“It is hoped that the court can appreciate that the liberty of the accused is at stake as it concerns bail, and it (any ruling from this High Court) would apply to the other 11 (accused) at the Sessions Court,” Ramkarpal said.
Besides Saminathan, another 11 accused were previously charged at the Kuala Lumpur Sessions Court over alleged offences linked to LTTE and were denied bail by the lower court.
Justice Nazlan then set Nov 26 at 4pm for hearing of Saminathan’s application in the event that the letter of representation is not accepted by the AG.
The judge also set that date for mention to update the court on whether the AG accepted the letter of representation.
On Nov 6, Saminathan’s application came up for mention before the same High Court.
On that date, Ramkarpal informed Justice Nazlan that the Kuala Lumpur Sessions Court had on Nov 1 decided that there was merit in the defence application under Section 13(2) of Sosma to refer constitutional issues on bail to the High Court.
On Nov 1, the Sessions Court allowed applications by Saminathan and 11 others to refer bail-linked constitutional issues to the High Court.
The 11 others are Seremban Jaya state assemblyperson P Gunasekaran, 60; taxi driver V Balamurugan, 37; dispatch rider S Teeran, 38; scrap metal dealer A Kalaimughilan, 28; the chief executive of a corporation S Chandru, 38; technician S Arivainthan, 27; storekeeper S Thanagaraj, 26; security guard M Pumugan, 29; secondary school teacher Sundram Renggan @ Rengasamy, 52; DAP member V Suresh Kumar, 43; and businessperson B Subramaniam, 57.
On Oct 29 and 31, they were hauled before separate Sessions Courts in Kuala Lumpur and several states to face charges in relation to alleged involvement with LTTE. - Mkini
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