The Petaling Jaya Sessions Court today rejected ex-airman Sgt N. Tharmendran's request for access to classified documents from the prosecution which the accused claimed would prove his innocence on charges of stealing two Royal Malaysian Air Force (RMAF) F5-E jet engines.

Judge Hayatul Akmal Abdul Aziz made the decision after hearing submissions from Tharmendran's lawyer N Surendran and Deputy Public Prosecutor Syed Feisal Syed Hamid who led the prosecution.

NONE In her decision, Hayatul Akmal said the court agreed with prosecution that the documents requested by the accused were ‘privileged documents’ and that there was no provision in the law to allow such a request.

"The court is satisfied that the prosecution had adhered to procedures in accordance with Section 51A of the Criminal Procedure Code and the prosecution need only provide documents related to the case.

"The court deems that the case has no merit and rejects the application made by the defendant," said Hayatul Akmal.

 

The defence counsel had called for the court to order the prosecution to furnish correspondence between the RMAF and the defence minister plus log books that involved the entry and exit documents related to the engines.

Case fixed for mention

On Jan 6, Tharmendran, 42 ( above ), 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.

Rajandra was charged on the same day as Tharmendran with disposing off stolen properties (the two jet engines) under Section 414 of the Penal Code.

He allegedly committed the offence on April 30, 2008 at No 49, Jalan TS 6/6, Taman Industry Subang.

Hayatul Akmal fixed the case for mention on Oct 11

 

– Bernama