MELAKA (Bernama): A Sessions Court here has fixed Wednesday (Dec 18) to decide whether two state assemblymen and the chief executive officer of a corporation charged with supporting the Liberation Tigers of Tamil Eelam (LTTE) terrorist group in November last year will be allowed bail.
Judge Elesabet Paya Wan made the ruling after hearing submissions from lawyer Ramkarpal Singh representing three detainees, namely, Gadek assemblyman G. Saminathan, 34, Seremban Jaya assemblyman P. Gunasekaran, 60, and a corporation chief officer S. Chandru, 38, as well as deputy public prosecutors Mohd Izhanudin Alias and Aliff Asraf Anuar Sharuddin.
In the nearly four-hour proceeding on Tuesday (Dec 17), Ramkarpal argued that the Sessions Court has the power to hear the bail application and that his three clients should be allowed bail.
"My three clients will not flee and will cooperate by appearing in court as their constituents need the presence of their two elected representatives, while Saminathan and Gunasekaran have to discharge their duties as assemblymen, and Chandru has to perform his responsibility as chief executive officer of a corporation, a subsidiary of the Melaka government, ” he said.
Earlier, Mohd Izhanudin had asked for the case to be transferred to the High Court under Section 177A of the Criminal Procedure Code and he objected to the bail application as the arguments on bail and cases relating to the security act had to be heard in the Kuala Lumpur High Court.
Judge Elesabet then allowed the defence to submit the bail application for the three accused before she ordered the case to be transferred to the Kuala Lumpur High Court.
On Oct 29, Saminathan, Gunasekaran and Chandru were charged with supporting the LTTE terrorist group during a ceremony at Dewan Kasturi Ayer Keroh, Jalan Utama, Taman Ayer Keroh Heights here from 8.30pm to 10.50pm on Nov 28,2018.
Saminathan was also charged with an additional count of possessing items with elements of terrorist acts or connected to the LTTE in a dark blue Samsung Galaxy S9+ handphone at the state office of the Unity, Human Resources and Consumer Affairs, in the Chief Minister’s Office, Kompleks Seri Negeri here at 10.25am on Oct 10.
Apart from the family members of the accused, also present were DAP adviser Lim Kit Siang, Melaka State Legislative Assembly deputy speaker Datuk Dr Wong Fort Pin, state Housing, Local Government, Environment and Green Technology chairman Datuk Tey Kok Kiew and Klebang assemblyman Gue Teck.
On Nov 29, Kuala Lumpur High Court Judge Mohd Nazlan Mohd Ghazali ruled that Saminathan be allowed to apply for bail as Section 13 of the Security Offences (Special Measures) Act 2012 (Sosma) is unconstitutional.
On Nov 1, Kuala Lumpur Sessions Court Judge Rozina Ayob decided that there was merit in the defence's application under Section 13(2) Sosma to refer the issue of constitution on bail to the High Court.
The court also allowed the application of Saminathan and 11 men to refer the same issue relating to bail to the High Court.
Apart from the three accused, the others are taxi driver V. Balamurugan, 37; despatch rider S. Teeran, 38; scrap metal businessman A. Kalaimughilan, 28; technician S. Arivainthan, 27; storekeeper S.Thanagaraj, 26; security guard M. Pumugan, 29; Telok Panglima Garang secondary school teacher, Sundram Renggan @ Rengasamy, 52; DAP member V. Suresh Kumar, 43; and businessman B. Subramaniam, 57.
All of them were charged at separate Sessions Courts in several states on Oct 29 and 31 on charges relating the LTTE terrorist group. - Bernama
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