Move to cross-examine two majors over torture claim

Former sergeant N Tharmendran of the Royal Malaysian Air Force (RMAF), who is charged with abetting the theft of two F5 jet engines, had filed a notice of motion to cross-examine two majors for allegedly torturing him during detention.

Lawyer Latheefa Koya, who is representing the accused, identified them as Staff Officer 1 Investigation Major Ismail Omar and Staff Officer 2 Major Norazan Md Amin, both of the RMAF Provost Marshal’s Office.

She said the application was important as there was a contention on the alleged torture between her client and Norazan and Md Amin, who denied the claim in their affidavits.

“The question is, who is telling the truth? The truth can only be established if both majors are summoned to the court to be cross-examined,” she said.

In his affidavit, the accused claimed that he was tortured by an investigation team to obtain a guilty plea from him and this was witnessed by his colleague, Intan Yusof, 46, when she visited him at the jail.

On Jan 6, Tharmendran pleaded not guilty to abetting Senior Airman Mohamad Shukri Mohamad Yusop in the theft of two F5E jet engines at the Material Processing Shed, Matra 1 warehouse, at the air force base in Sungai Besi in December 2007.

Latheefa said the decision on the notice of motion was important in the defence’s main application to suspend or revoke the charge of abetment in the theft of two jet engines.

Deputy public prosecutor Ishak Mohd Yusof objected to the application on the ground that if the court allowed it, potential witnesses would be called to be  cross-examined twice in the trial.

“This is further exacerbated as the applicant does not specifically mention the parts to be cross-examined,” he said.

Ishak also referred to an affidavit from deputy public prosecutor Syed Faisal Syed Amir dated Sept 22 which stated that the alleged torture did not affect the charge against Tharmendran.

Judicial commissioner Asmabi Mohamad will announce his decision on Oct 29.

Tharmendran was present in court with his father, N Nagarajah, 71.

- Bernama