Former air force sergeant N Tharmendran failed today to convince the High Court to strike out the charges against him for allegedly stealing two Royal Malaysian Air Force jet engines.

NONE His lawyer N Surendran ( right ) said judicial commissioner Asmabi Mohamad ruled that as a matter of law, the grounds of Tharmendran's application were not enough to dismiss the charges against him.

Asmabi added that the High Court was not the right forum to strike out the charges against the former airman, and suggested that Tharmendran instead file a civil suit against his two alleged torturers.

Despite their unsuccessful application, Surendran pointed out that the judgment was still significant as the court recognised the validity of Tharmendran's torture claim.

"It is clear that the High Court did not dismiss his torture claim, only saying that it was not enough to quash the charges," he said.

Surendran said they are now deciding whether or not to appeal against the High Court decision, though he pointed out that it is also in Tharmendran's interests to speed up his trial.

"We are considering an appeal but my client also wants his day in court, and an appeal would mean more delays. We will decide after I discuss this with him soon," he said.

Endless cloak and dagger

Tharmendran's case has been ridden with drama and controversy, largely sparked by his allegation of torture at the hands of two armed forces majors while in military custody last year in relation to the two stolen jet engines.

NONE He was initially released on RM50,000 bail, but made an unprecedented decision to return to jail in July fearing his personal safety, alleging threats of abduction by RMAF officers.

In yet another dramatic twist to the case eight air force officers re-arrested Tharmendran at the Shah Alam court compound on Nov 25.

Tharmendran and a company director K Rajandran Prasad have been charged with the theft of two F-5E engines at the air movement section of the Subang air force base in December 2007.

Tharmendran also faces another charge of abetment for allegedly collaborating with senior airman Mohamad Shukri Mohamad Yusop to steal the engines from the Sungai Besi air force base.

Mohamad Shukri was, however, not charged with the theft, and is likely to be one of the main prosecution witnesses.

Tharmendran is currently being detained at the Batu Cantonment army base.