Ex-airman N Tharmendran's application in the Shah Alam High Court to summon the two majors who had allegedly tortured him will be heard on Oct 1.The application, submitted by Tharmendran's lead counsel N Surendran on Monday, was to have been heard this morning, but was pushed back by judge Asmabi Mohamad after the prosecution requested time to study it.
As such, the application to quash the charges against the former sergeant - also due to have been dealt with today - will only be heard after Oct 1.
The two majors were alleged to havetortured Tharmendran (right) while he was detained by military intelligence officers for questioning, in relation to the theft of two fighter-jet engines."(The duo) have filed affidavits to deny the claims (but) we want to cross-examine them in open court," Surendran told reporters later.
Tharmendran is jointly charged with businessman Rajandran Prasad Kusy with the theft of the 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 is liable to face 10 years in 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.
Another witness of 'torture'
Tharmendran is currently under remand in the Sungai Buloh prison, as the government and the armed forces have ignored his request for a guarantee of safety.
"We are very disa
ppointed with the Home Ministry, Defence Ministry and armed forces which have yet to give assurance of safety,” said Surendran."(Tharmendran) is able to raise bail but he is still in prison because he feels safer there.”
He said another witness has claimed to have seen the officers assault another soldier in front of Tharmendran.
This eyewitness has filed an affidavit, which will be read out in court, he added.
courtesy of Malaysiakini
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