Decisions on bail applications by two LTTE-linked suspects on Feb 5

The Kuala Lumpur High Court today fixed Feb 5 for decisions on bail applications by Seremban Jaya assemblyperson P Gunasekaran and DAP member V Suresh Kumar.

Both men were detained under a security law over the probe into the now-defunct terror group, the Liberation Tigers of Tamil Eelam (LTTE).

On the same day, judges Collin Lawrence Sequerah and Muhammad Jamil Hussin are also expected to reveal their decision on whether Section 13 of the Security Offences (Special Measures) Act 2012 (Sosma) is unconstitutional.

In the first hearing for Suresh Kumar today, Sequerah fixed the date after hearing submissions from Suresh's counsel Ramkarpal Singh and the Attorney-General Tommy Thomas.

Thomas, in his submission, said the Attorney-General's Chambers accepted that the decision to grant or reject bail was inclusive to judicial power.

He reiterated his stand that the prosecution was not going to appeal against Kuala Lumpur High Court judge Mohd Nazlan Ghazali's decision last year that Section 13 was unconstitutional.

"As far as our position is concerned, I have already issued a media release that we are not going to appeal (against justice Nazlan's decision)," he said.

P Gunasekaran

In his submission, Ramkarpal said Suresh was not a flight risk as he had to take care of his ailing son and cancer-stricken mother as well as being the sole breadwinner for his family.

Ramkarpal said the accused also has a job responsibility as a Malacca local authority councillor and a member of the Durian Tunggal DAP branch.

An electronic monitoring device would be effective to track the accused's whereabouts, he added.

Subsequently, in the hearing for Gunasekaran, judge Muhammad Jamil made a similar decision after hearing submissions from Ramkarpal - who also represented Gunasekaran - and from deputy public prosecutor Mohd Saifuddin Hashim Musaimi.

In November last year, Nazlan granted Gadek assemblyperson G Saminathan the right for his bid for bail to be heard by the lower courts over his detention under Sosma.

Section 13 prohibits the courts from granting bail for security-related offences.

Following that, the Attorney-General's Chambers had decided that it would not appeal Nazlan's decision. - Mkini