KUALA LUMPUR, Nov 1 — It will be up to the High Court to determine whether two assemblymen and 10 other men accused of supporting terrorist group, the Liberation Tigers of Tamil Eelam (LLTE), will be allowed bail, the Sessions Court here ruled today.
The two assemblymen are G. Saminathan (Gadek in Melaka) and P. Gunasekaran (Seremban Jaya), while the 10 other men comprise V. Balamurugan, S. Teeran, A. Kalaimughilan, S. Chandru, S. Arivainthan, S. Thanagaraj, M. Pumugan, Sundram Renggan @ Rengasamy, V. Suresh Kumar and B. Subramaniam.
Overall, the men are accused of committing a range of offences in various locations, with the earliest occurring on March 17, 2014 and the most recent, October 11 this year.
Judge Rozina Ayob ruled that there was merit in the application made by the defence under section 13(2) Security Offences (Special Measures) Act 2012 (also known as Sosma) to refer constitutional matters concerning bail to the High Court.
She fixed December 23 for the next mention of the case in the Sessions Court to allow time for the bail application by the defence to be heard in the High Court.
The judge’s ruling was in reference to the bail application by Saminathan, 34, taxi driver Balamurugan, 37, letter despatcher Teeran, 38, and scrap metal trader Kalaimughilan, 28, heard in her court today.
Following the ruling made by judge Rozina, identical orders were allowed in two other Sessions Courts today where the remaining accused were produced — these comprised the courts where judges Azman Ahmad and Azura Alwi presided.
Yesterday, lawyer Ramkarpal Singh led the defence motion that an application for bail for all 12 defendants be referred to the High Court, and also submitted that the detention of the defendants was unconstitutional, as judges still possessed discretionary powers to offer bail under Sosma.
Saminathan, Balamurugan, Teeran, and Kalaimughilan, have been charged with supporting the Tamil Tigers through Facebook accounts under different names; in addition, Teeran has been charged with possessing items related to the LTTE, while Kalaimughilan has been charged with supporting the Tamil Tigers by using YouTube and supporting the group at a function in the Tan Sri Soma hall at Wisma Tun Sambanthan in Kuala Lumpur.
Meanwhile, chief executive officer, Chandru, 38, technician Arivainthan, 27, storekeeper Thanagaraj, 26, security guard Pumugan, 29, and secondary school teacher in Telok Panglima Garang, Selangor, Sundram Renggan @ Rengasamy, 52, who were brought before judge Azman, also face charges of supporting the Tamil Tigers through Facebook accounts under different names.
Gunasekaran, 60, DAP member Suresh Kumar, 43, and Subramaniam, 57, who were produced before judge Azura, face charges of knowingly supporting the Tamil Tigers through individual Facebook accounts.
During today’s proceedings, Kalaimughilan’s counsel MV Yoges told the court that conditions at the Sungai Buloh prison were poor as his client had not been provided with a mattress nor pillow, and as such, was sleeping on the floor with rats in his cell. — Bernama