Despatch rider’s LTTE case transferred to KL High Court

Despatch rider S Teeran’s terrorism case linked to defunct militant group Liberation Tigers of Tamil Eelam (LTTE) became the latest among 12 LTTE-linked cases to be transferred from the Sessions Court to the High Court in Kuala Lumpur today.

This followed Kuala Lumpur Sessions Court judge Azura Alwi allowing the transfer application by deputy public prosecutor Rohaiza Abd Rahman during case mention this morning.

Rohaiza made the transfer application under Section 177A of the Criminal Procedure Code, which deals with the transfer of criminal cases from the lower court to the High Court.

Azura’s transfer ruling followed an oral application by Teeran’s counsel, Tiara Katrina Fuad, for the Sessions Court to hear out the accused’s bail application.

Tiara informed the court that notwithstanding the prosecution’s transfer application, the lower court has jurisdiction to hear the bail bid.

Rohaiza objected to the bail application.

“In regard to the accused’s application (for bail), the prosecution raises the preliminary objection on the Sessions Court’s jurisdiction to grant bail. This court has no jurisdiction,” Rohaiza argued.

The judge then allowed the prosecution’s transfer application without making a ruling on Teeran’s bail application.

Azura said as Teeran’s matter has been transferred to the High Court, the lower court will not hear any related oral or written bail application, among others.

When Teeran’s co-counsel R Kirthiraj asked the Sessions Court about the next date for the matter at the High Court, Azura replied that the Sessions Court has no power to set a date for High Court cases.

Following a Nov 29 Kuala Lumpur High Court ruling that the courts still have the power to hear bail applications of those charged with security offences despite a prohibition under Section 13 of the Security Offences (Special Measures) Act 2012, Teeran and the 11 others accused of LTTE-linked terrorism had filed their bail applications at Sessions Courts nationwide.

 However, a recent trend showed that instead of allowing various bail applications, the Sessions Court allowed the prosecution’s applications to transfer the cases to the High Court, where the said High Court would be the venue for the accused to make bail applications linked to terrorism cases.

Among these LTTE-linked cases were that of technician A Arivainthan, 27, and taxi driver V Balamurugan, 37, where on Dec 12 the Sessions Court in Kuala Kangsar allowed the prosecution’s application to transfer their cases of supporting LTTE to the High Court in Kuala Lumpur.

Yesterday, the Alor Gajah Sessions Court allowed the prosecution’s application to transfer the LTTE-linked terrorism case of chief executive officer S Chandru to the High Court, also in Kuala Lumpur.

Chandru’s case had to do with his alleged possession of items linked to LTTE.

Since late October, Teeran, 38, and the 11 others were hauled before separate Sessions Courts nationwide to face terrorism charges linked to LTTE.

The other 11 individuals charged with LTTE-linked offences are Gadek assemblyperson G Saminathan, 34; Seremban Jaya assemblyperson P Gunasekaran, 60; Balamurugan; scrap metal dealer A Kalaimughilan, 28; Chandru; Arivainthan; 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. - Mkini