The Kuala Lumpur High Court will decide tomorrow on whether or not N Tharmendran should be freed from military detention.

Justice Su Geok Yiam is expected to deliver judgment at 11.30am tomorrow, after listening to submissions from counsel for Tharmendran and the armed forces today.

Tharmendran had filed a habeas corpus application last December, claiming that his detention by the armed forces since Nov 25 last year is unlawful as he is no longer a member of the Royal Malaysian Air Force.

He claims that his contract had ended on May 28 last year, but the armed forces maintained that he is still a serviceman and subject to their rules and regulations.

In his submission, T NONE harmendran’s counsel Amer Hamzah Arshad (left) contended that the armed forces had in no way shown interest initially in extending his client’s contract although the last salary slip was issued on May 28, 2010.

The respondents have failed to furnish the necessary proof to show that they had followed all procedures leading to Tharmendran’s arrest and detention by the military, he said.

“Their conduct, in not giving him his salary and not issuing him any notice of extension to his service, indicates they were not interested in extending his services. How can one apply for an exemption (of service) if one is not aware of an extension of service?

“There has also been no denial or rebuttal by the armed forces that the applicant’s (Tharmendran) contract ended on May 28, 2010... it is very clear they (armed forces) have not met the jurisdictional threshold.”

‘Onus on Tharmendran to check’

The armed forces however argued that the responsibility falls on Tharmendran to verify whether or not his contract had ended.

Senior federal counsel Mohamad Tarmizi Ahmad, representing the armed forces, pointed out that under legal notification 420, the contract of a serviceman would be automatically extended for 12 months unless the individual has been granted an exemption.

“It is up to servicemen to check for themselves the status of their contract and if they intend to seek an exemption, they should do so before the term of their contract ends,” he said.

Tarmizi added that procedures outlined under the Armed Forces Act 1972, with regard to the handling of deserters and servicemen who have gone absent without leave, can only be examined under judicial review and not through a habeas corpus application.

NONE Tharmendran (right) has claimed to two charges related to the theft of two F5E jet engines from the Sungai Besi air base in 2007.

His trial, which started last year, has been a convoluted mess of conspiracy theories and controversy as he claimed that he was tortured by military intelligence officers during an internal probe.

Over the course of his trial, Tharmendran at one point chose to return to the Sungai Buloh prison despite posting RM50,000 bail. He claimed to fear for his life allegedly at the hands of the armed forces.

However he was detained by a team of eight air force personnel at the Shah Alam High Court compound on Nov 25, on grounds that he was a deserter.