Detained Gadek rep gives AG notice over bail application

KUALA LUMPUR: G. Saminathan, who is detained under the security offences Act for alleged links to the Liberation Tigers of Tamil Eelam (LTTE), has submitted a letter of representation to Attorney General Tan Sri Tommy Thomas regarding a request for bail that involved the issue of the Constitution.

Melaka’s Gadek assemblyman, who faces charges of supporting and possessing items related to LTTE, is being remanded at the Sungai Buloh Prison under the Security Offences (Special Measures) Act 2012 (Sosma).

Lawyer Ramkarpal Singh, who represented Saminathan, said that he had delivered a letter of representation to the Attorney General on Monday for consideration.

“The prosecution has received the letter of representation and they need time to examine the letter,” he said before High Court judge Justice Mohd Nazlan Mohd Ghazali yesterday.

Deputy Public Prosecutor Muhamad Iskandar Ahmad said the prosecution had received the letter of representation on Tuesday and would discuss with the Attorney General tomorrow.

Justice Mohd Nazlan has fixed Nov 26 to find out developments on the letter of representation.

Rightly, the prosecution and defence should determine whether the High Court had the jurisdiction to hear the application for bail or it had to be referred to and decided in the Federal Court because it involved the issue of the Constitution.

On Nov 1, Sessions Court judge Rozina Ayob allowed the application by Saminathan, 34, and 11 men to refer the issue of the Constitution on the bail to the High Court after deciding that there was merit in the application of the defence under Section 13(2) of Sosma.

The 11 are Seremban Jaya state assemblyman P. Gunasekaran, 60; taxi driver V. Balamurugan, 37; messenger S. Teeran, 38; scrap metal dealer A. Kalaimughilan, 28; corporation chief executive S. Chandru, 38; technician S. Arivainthan, 27; storekeeper S. Thanagaraj, 26; security guard M. Pumugan, 29; a secondary school teacher Sundram Renggan @ Rengasamy, 52; DAP member V. Suresh Kumar, 43; and trader B. Subramaniam, 57.

They were separately charged in the Sessions Court here and in several states on Oct 29 and 31 on charges of being linked to LTTE.