TWO DAP assemblymen were charged at the Ayer Keroh Sessions Court in Malacca today with terror-related activities linked to the defunct Liberation Tigers of Tamil Eelam group.
P. Gunasekaran and G. Saminathan claimed trial today to charges of terrorism under Section 130 of the Penal Code. Also charged was businessman S. Chandru.
They are among 10 individuals set to be charged today in Selangor, Penang and Malacca with terrorism activities linked to the LTTE.
No plea were recorded from all the accused and they were denied bail.
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.
However, Maziah rejected the lawyer’s plea for bail and set December 16 for mention of the case.
Kalaimughilan was arrested together with six others, including two DAP assemblymen 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.
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, Chandru Suparmaniam, V. Suresh Kumar 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. – https://www.themalaysianinsight.com/
What happens next for assemblymen charged with terrorism related offence?
Section 6(1)(e) of the Federal Constitution’s Eighth Schedule states that the membership of the Legislative Assembly is automatically disqualified when the person is sentenced to a minimum of 12 months’ jail; or fined not less than RM2,000.
Election Commission chairman Datuk Azhar Azizan Harun said on October 15 that an assemblyman or MP can only be dismissed from his post if he is charged, tried, found guilty, sentenced in court, and if there is an appeal, wait for the whole judicial process to complete.
Human rights lawyer New Sin Yew also confirmed the matter but pointed out that there was still a possibility both assemblymen may be disqualified due to their absence in state assembly meetings.
“If they are absent for a number of sea
tings, their seat could be declared vacant.
“This will be likely when they are charged with offences against the state under Part VI of the Penal Code or offences relating to terrorism under Part VIA of the Penal Code where bail is not available,” he told Malay Mail when contacted.
Both Gunasekaran, 60, and Saminathan, 34, were charged in the Sessions Court in Melaka earlier today with supporting a now defunct Sri Lankan terror group, the Liberation Tigers of Tamil Eelam (LTTE).
They were accused of committing the offence during an event at the Dewan Kasturi Ayer Keroh, on Jalan Utama, Taman Ayer Keroh Heights in Melaka on November 28 last year between 8.30pm and 10.50pm.
If found guilty, they can be sentenced to jail for life or a maximum 30 years, or a fine and can have any of their properties used in the offence confiscated.
They were denied bail as Security Offences (Special Measures) Act provisions were used against them and will continue to remain in lockup until their next court mention in December.
It remains to be seen whether both assemblymen would be able to obtain leave from the state assembly pending the conclusion of their trial.
Meanwhile the habeas corpus application for both Gunasekaran and Saminathan scheduled for hearing at the High Court on October 31 may also be dismissed as the case is already moot with charges filed against them.
“If a Sosma detainee is subsequently charged before the application is heard, the most likely outcome is that the application will be dismissed because the accused would be detained pending trial, which is lawful,” New said.
A habeas corpus is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court to determine whether the detention is lawful.
According to New, the application will be rendered academic as the two accused — Gunasekaran and Saminathan — were detained pending trial which was lawful.
But he also said the court has the discretion to proceed with the habeas corpus hearing despite the charging.
“If the case is of sufficient public interest, the court may nevertheless proceed to hear the application and decide on important issues of public interest.
“For example, if the detention did not comply with procedures or that Sosma was used wrongfully,” he explained. – malay mail
THE MALAYSIAN INSIGHT / MALAY MAIL
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