Former Royal Military Air Force (RMAF) sergeant N Tharmendran has filed a habeas corpus application at the Kuala Lumpur High Court against his re-arrest yesterday.

According to his affidavit, Tharmendran said that his re-arrest by a RMAF provost marshall at the Shah Alam court complex yesterday was “without basis, wrong, invalid and mala fide (in bad faith)”.

Tharmendran named his arresting officer, Lt Colonel Mohd Razif Ramli, the camp commandant of Batu cantonment where he is currently detained, the RMAF chief Jeneral Rodzali Daud and Defence Minister as the respondents.

NONE His lawyer N Surendran ( right ) filed the application for his immediate release at 3.45pm. Hearing has been set for Dec 3 before Justice Su Geok Yiam.

Surendran said he met Tharmendran at 2pm at the Batu Cantonment military base detention centre.

"He seemed alright but his family and I are still worried over his safety... The army major in charge has guaranteed his safety but we are still worried because of what had happened in the past," he said.

Tharmendran had alleged that he was tortured by RMAF officers and voluntarily chose to be held in remand at the Sungai Buloh prison by retracting his RM50,000 bail, two days after posting it, purportedly for safety reasons.

Lawyer claims 'ulterior motive'

Surendran also questioned the RMAF’s motives in arresting his client for deserting the military although there are ample evidence to prove that he was now a civilian.

"There must be some ulterior motive to it," he said.

NONE Tharmendran claims that his last pay slip from the RMAF was dated May 28. Since his contract was not renewed, he argued that he was not subject to court-martial.

On Jan 6, Tharmendran ( left ), 42, was charged under Section 380, read together with Section 109 of the Penal Code, with theft together with former company director K Rajandra Prasad, 38.

Tharmendran was charged with stealing the jet engines in December 2007 at the air movement section of the RMAF base in Subang.

He is also charged with conspiring in the theft of the two engines with senior serviceman Mohamad Shukri Mohamad Yusop at the material processing shed (Matra 1) of the RMAF base in Sungai Besi. 

In his supporting affidavit, Tharmendran attached a host of documents including his final pay slip slip from the RMAF.

He argued that he had not received any documents to prove that his service had been extended and that his last contract expired when he was still under remand at the Sungai Buloh prison. 

Tharmendran also claimed that military personnel tried to "kidnap" him on July 17.