Bail issue on LTTE-linked suspects referred to High Court
The High Court will hear the constitutionality of Section 13(2) of the Security Offences (Special Measures) Act 2012 on bail applications, a Sessions Court in Kuala Lumpur ruled today
Judge Rozina Ayob said there was merit in the applications filed yesterday by the defence counsel who acted for four suspects charged with supporting the defunct terrorist group Liberation Tigers of Tamil Eelam (LTTE)...
The High Court will hear the constitutionality of Section 13(2) of the Security Offences (Special Measures) Act 2012 on bail applications, a Sessions Court in Kuala Lumpur ruled today
Judge Rozina Ayob said there was merit in the applications filed yesterday by the defence counsel who acted for four suspects charged with supporting the defunct terrorist group Liberation Tigers of Tamil Eelam (LTTE).
"The court rules that there is merit to determine the constitutionality of the issue by the High Court," Rozina said.
She said that for the time being, she would not make a ruling on the bail applications.
She also ruled that the main trial involving DAP Gadek assemblyperson G Saminathan and three others would continue to be heard by the Sessions Court.
Three other suspects charged in the court are scrap metal dealer A Kalaimughilan, 28; despatch rider S Teeran, 38; and taxi driver V Balamurugan, 37.
Rozina set Dec 23 for case management.
In his submission yesterday, lawyer Ramkarpal Singh, who acted for Saminathan, said the Sessions Court has no jurisdiction in deciding whether to grant bail to those detained under Sosma.
He applied for this to be referred to the High Court to argue on the constitutionality of the matter.
Section 12 of Sosma states that security cases under the Act should be heard in the High Court.
Meanwhile, two other courts also decided to postpone the bail applications brought by the other eight suspects pending the decision of the High Court.
This come as Ramkarpal suggested that the court postpones the hearing as the High Court decision would be binding on the application in the lower courts.
Both the Sessions Court judges, Azman Ahmad and Azura Alwi, said they would not grant bail for the eight accused persons.
They also set Dec 23 for mention.
All the 12 accused persons face life sentences under Section 130J of the Penal Code, if found guilty.
Five of them, teacher R Sundram, 52; Malacca Green Technology Corporation CEO S Chandru, 38; S Arivainthan, 27; storekeeper S Thanagaraj, 26; and security guard M Pumugan, 29; were charged before Sessions Court judge Azman.
The other three suspects - DAP Seremban Jaya assemblyperson P Gunasekaran (photo, above), V Suresh Kumar, who is a Malacca City Council member and grocery shop owner B Subramaniam, were charged before Azura.
Section 13(2) of Sosma prohibits suspects who are charged under Chapter 6A of the Penal Code (offences relating to terrorism) from being allowed bail.
Section 13(2) of Sosma stipulates that only suspects who are under the age of 18, or a woman or if they are sick, can be granted bail by the court.
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