Duo freed of LTTE charges
Published on: Tuesday, February 25, 2020
By: Bernama
KUALA LUMPUR: Seremban Jaya State Assemblyman P. Gunasekaren and taxi driver V. Balamurugan were discharged and acquitted in separate high courts here, after spending four months at the Sungai Buloh Prison on charges related to the LTTE terrorist group.
The order was issued by justices Datuk Muhammad Jamil Hussin and Mohd Nazlan Mohd Ghazali, as well as judicial commissioner Datuk Ahmad Shahrir Mohd Salleh after DPP Mohamad Suffian Jaafar, informed the court of the instructions from the Attorney-General’s Chambers to drop the proceedings against the two accused.
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Mohamad Suffian also said the order was in accordance with Section 254 (1) of the Criminal Procedure Code with no other reasons submitted, and that it was the court’s discretion to make a decision.
Justice Muhammad Jamil, who heard the case of Gunasekaren, 61, said the prosecution had sought to stop the proceedings against the accused and the court found no other reasons submitted by the prosecution.
“Accordingly, the court orders the accused to be discharged and acquitted,” the judge said.
Justice Mohd Nazlan also made the decision to discharge and acquit Gunasekaren from charges of supporting the LTTE terrorist group.
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Earlier, lawyer Ramkarpal Singh who represented Gunasekaren in both courts said that since the prosecution were not proceeding with Gunasekaren’s case, the defence requested that the accused be discharged and acquitted, and not merely a get a discharge not amounting to acquittal.
“In a recent press release, Attorney-General Tan Sri Tommy Thomas said that there was no clear prospect of conviction for any of the 12 accused on any of the 34 charges they faced.
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“The Attorney-General also decided to drop the proceedings against all the accused, effective immediately,” the lawyer said.
After the court’s decision, the assemblyman left the dock and was seen embracing and carrying his grandson.
Gunasekaren was charged before Justice Muhammad Jamil with knowingly supporting the LTTE terrorist group using Facebook application through the account ‘DAP Guna Palanisamy’ at the investigating officer’s office of the Bukit Aman Special Branch’s Counter-Terrorism Division (E8), here, at 2pm, Oct 7, 2019.
The DAP Assemblyman was also charged before Judge Mohd Nazlan, with supporting the terrorist group during a ceremony at Dewan Kasturi Ayer Keroh, Jalan Utama, Taman Ayer Keroh Heights, Melaka, at around 8.30pm, Nov 28, 2018.
Both charges were brought under Section 130J (1) (a) of the Penal Code, which carries life imprisonment, or up to a maximum of 30 years jail, or a fine, and the forfeiture of any property used or intended to be used for the offence, upon conviction.
Meanwhile, Judicial Commissioner Datuk Ahmad Shahrir Mohd Salleh discharged and acquitted Balamurugan of five charges filed against him, Mohamad Suffian also indicated that the prosecution may not re-charge the accused in the future.
The 38-year-old pleaded not guilty to five charges of lending support to the LTTE during a ceremony, possessing terrorist-related items or those related to the LTTE, and displaying such items.
Balamurugan, represented by lawyers J. Matthews, Omar Kutty Abdul Aziz and Muhammad Farhan Ahmad Fadzil, was charged with committing the offences at various locations in Perak and the Bukit Aman Special Branch between Dec 28, 2014 and Oct 10, 2019.
Meanwhile, Ramkarpal, when met by reporters after the proceedings said Gunasekaren had been fully discharged and acquitted, and would not face any further proceedings.
“For the other accused, we are likely to return to court within two to three days so that they can also be discharged and acquitted,” he said.
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