Muslim lawyers urge judicial review of AG’s decision to drop LTTE cases
KUALA LUMPUR, Feb 22 ― The Malaysian Muslim Lawyers Association (PPMM) has urged today for relevant parties to file a review challenging Attorney General (AG) Tan Sri Tommy Thomas’ decision to drop terrorism charges against 12 Malaysians who purportedly had links to the now-defunct group Liberation Tigers of Tamil Eelam (LTTE).
The group also called for Thomas to step down from his position, failing so PPMM will call on the Yang di-Pertuan Agong to replace him with someone “more capable and transparent”.
“PPMM believes a court action must be done by any stakeholders to challenge the decision of the AG and as a signal to him to not wantonly use his authority without the correct legal considerations,” its president Datuk Zainul Rijal Abu Bakar said in a statement.
He said the powers of the AG are not “non-justiciable” and is therefore open to judicial review.
Zainul Rijal also claimed that a series of decision by Thomas have allegedly showed that he cannot hold the responsibility of the AG and the public prosecutor.
However, the Pakatan Harapan (PH) government was forced to hold its plan to separate the function of the public prosecutor from the AG post in 2018, as it requires a two-thirds majority in Parliament to amend the Federal Constitution.
Twelve Malaysians, including two DAP state lawmakers, were charged under Section 130 of the Penal Code with supporting terrorism for their alleged links to the LTTE and have been held at the Sungai Buloh Prison since.
They are Melaka state executive councillor G. Saminathan, Negri Sembilan assemblyman P. Gunasekaran, corporate CEO S. Chandru, V. Balamurugan, S. Teran, A. Kalaimughilan, S. Arivainthan, S. Thanagaraj, M. Pumugan, R. Sundram, V. Suresh Kumar and B. Subramaniam.
Yesterday, Thomas said the decision to drop the case was made under his constitutional discretionary powers after finding insufficient evidence to back its prosecution that would lead to a “realistic prospect of conviction”.
Under the law, they could have been sentenced to jail for life (which is a maximum of 30 years), or a fine and can have any of their properties used in the offence confiscated, if trial had continued and they were convicted.
In comparison to PPMM, the Malaysian Bar had yesterday urged the AG to explain why the 12 had been arrested and charged in the first place as they had been detained and refused bail under Security Offences (Special Measures) Act 2012, a preventive security law it described as “draconian” and an “affront to natural justice”.
The Bar added that it was disheartening for Malaysians to know they can be arrested, charged and locked up without bail for a prolonged period on charges when the prosecution’s chances of conviction were thin.
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