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Another international infamy for Malaysia http://bit.ly/bREG7C Ex-airman back to jail after losing protection bid
07/19/2010 06:31 PM
Where othr civilized countries a person safer in prison than outside? http://bit.ly/c2PFs6 No protection order, so ex-airman chooses jail
07/19/2010 06:38 PM
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Ex-airman back to jail after losing protection bid
By Boo Su-Lyn | The Malaysian Insider
PETALING JAYA, July 19 — Former air force sergeant N. Tharmendran is returning to prison today after losing his bid for a court protection order against Royal Malaysian Air Force (RMAF) officers he claims intend to abduct him.
Tharmendran’s father N. Nagarajah withdrew his bail on his son’s behalf after the Sessions Court here rejected the ex-airman’s application for a protection order to prohibit RMAF officers from taking him into custody.
“The accused (Tharmendran) has no recourse but to withdraw his bail because he is certain that TUDM (RMAF) will abduct him anytime,” said Tharmendran’s lawyer M. Manogaran today.
The lawyer added that Tharmendran saw several RMAF officers from the air force’s intelligence unit in the courtroom during the hearing itself today.
“A person who has been tortured once does not want to be tortured again. That is why he (Tharmendran) has chosen to go back to Sungai Buloh (prison),” Tharmendran’s other lawyer N. Surendran told reporters today.
Tharmendran was recently released from prison after winning an appeal early this month at the High Court here to reduce his bail to RM50,000 from the original bail of RM150,000 posted by the Sessions Court on January 6.
The ex-airman claimed that the air force “major” who allegedly tortured him as well as nine other RMAF officers under the major’s command were also present at the court building during his hearing this morning.
The 42-year-old former air force sergeant had also alleged in a police report this morning that four RMAF officers had visited his parents’ house in Seremban last Friday to abduct him.
Tharmendran was charged in January this year for the theft of two RMAF F5-E jet engines.
However, Tharmendran recently denied stealing the fighter jet engines, claiming instead that he had been tortured by military officers to force a confession from him to say that he had been responsible for the theft.
Tharmendran alleged that he was dragged, stripped down to his underwear, and thrown into a freezing cold room and made to admit, repeatedly, that he was guilty.
He also said that he was made to wear a crash helmet and was hit with a cricket bat and a golf club three to four times a day.
Judge Hayatul Akmal Abdul Aziz rejected Tharmendran’s application for a protection order on grounds that the Sessions Court did not have the powers to grant the order.
“The court refers to Section 2 and 4 of the Abduction and Criminal Intimidation of Witnesses Act 1947 and finds that this act cannot be used for the accused. It is specifically for witnesses,” said Hayatul.
Manogaran and Surendran had argued earlier that the court was empowered to grant a protection order to Tharmendran as the protection granted under the Act mentioned was applicable to Tharmendran.
“If you look at Section 4, the statement is ‘whoever abducts any person’. Any person includes the accused who will give a statement in court,” said Manogaran.
Hayatul also said that Tharmendran’s police report claiming that RMAF officers were trying to abduct him was “just an allegation” and could not be used as a basis to grant a protection order.
“This is the worst failure found in the justice system in this country,” said Surendan.
“We can see that Malaysian witnesses are forced to go to prison to protect himself from the authorities,” added Surendran.
Manogaran also said that RMAF does not have the right to take Tharmendran into custody since the expiry of his service contract on May 28 this year, as well as the fact that his salary for the past two months was not paid.
“His (Tharmendran) contract cannot be extended or renewed without consent,” said Manogaran, adding that the RMAF had yet to respond to letters sent to them last week stating that Tharmendran was no longer in their service.
Tharmendran’s trial was postponed to September 6 after he made an application at the Shah Alam High Court to quash the charges against him at the Sessions Court on grounds that they were “frivolous”.
Manogaran and Surendran have maintained that their client is merely a scapegoat in a conspiracy involving high-ranking officers.
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No protection order, so ex-airman chooses jail
By Joseph Sipalan | Malaysiakini
In yet another dramatic twist in the trial of former RMAF sergeant N Tharmendran, the accused retracted his bail after the PJ Sessions Court refused his application for a protection order from the air force.
Judge Hayatul Akmal Abd Aziz ruled that the court has no jurisdiction to grant such an order, and it cannot admit a police report on alleged harassment by the RMAF as evidence, as it is still under investigation.
She added that the Abduction and Criminal Intimidation of Witnesses Act, cited by Tharmendran’s defence as grounds to grant the order, is not applicable in Tharmendran’s case as he is an accused and not a witness.
Tharmendran will now go back to the Sungai Buloh prison, just two weeks after securing a reduced bail of RM50,000 from the High Court.
Lead defence counsel N Surendran (left) said Tharmendran requested to retract his bail as he feared he would be picked up by RMAF officers who were waiting outside the courtroom.
“This goes to show that anyone who has been tortured before does not want to be tortured again,” Surendran said of his client’s alleged torture by army intelligence officers.
Surendran decried the court’s decision not to grant Tharmendran a protection order, accusing the judicial system of failing the cause of justice.
“Today is one of the darkest days in this country, when a Malaysian citizen is forced to go to prison to protect himself from the authorities themselves,” he said after the hearing this afternoon.
Earlier this morning, Tharmendran filed a police report claiming that four armed forces personnel had gone to his parents’ home in Seremban to pick him up.
He also claimed that at least 10 officers from the air force’s intelligence division, all in plainclothes, were waiting around at the courthouse this morning to take him away.
‘Limited’ documents turn up
At the afternoon hearing, deputy public prosecutor Ishak Muhamad Yusof was believed to have cited some documents handed over to him by marshalls attached to the military court.
The contents of the documents were unknown and could not be shown to the court as the marshalls claimed that it has limited access.
It was however at this time when Ishak refuted the defence’s claim that Tharmendran’s contract with the RMAF expired on May 28 this year, saying that after making an “inquiry” into his employment status, Tharmendran is still attached to the RMAF.
Surendran earlier argued that because Tharmendran’s contract had ended almost two months ago, he is now a civilian and the RMAF have no business harassing him.
Ishak suggested that the defence apply for an injunction in the High Court, as it is the proper procedure to apply for such an order and would give the air force enough time to respond to the allegations.
“This court has no jurisdiction to give such an order, and if it does so it would be pre-judged as the matter is still under investigation,” he said.
Trial date postponed
Earlier, Hayatul had adjourned Tharmendran’s trial regarding two jet fighter engines found missing in 2007, pending the outcome of two applications filed by his lawyers.
The first application, filed on July 15 in the Sessions Court, is for further documents from the prosecution in relation to the alleged theft of the engines.
The second application, filed on July 16 in the Shah Alam High Court, seeks to strike out Tharmendran’s case on the grounds that it is an abuse of the court process and frivolous.
The High Court has not set a date to hear this application.
Also present today was co-accused K Rajandran Prasad (left), who is represented by Gobind Singh Deo.
Tharmendran and Rajandran are jointly charged in connection with the theft of the jet engines in 2007.
The Sessions Court set Sept 6 for mention, to fix new dates for the trial.
Report as at 11.15am:
Drama and intrigue coloured the scheduled start of former RMAF sergeant N Tharmendran’s trial today, as his lawyers applied for a protection order to keep alleged “abductors” at bay.
Like a scene out of a Hollywood thriller, Tharmendran (right) pointed out two officers in plain clothes hanging around the Petaling Jaya courthouse after the trial was adjourned this morning.
This prompted his lead counsel N Surendran and Lateefa Koya to confront one of the officers.
“He admitted he was an officer, but denied that he is a witness or (that he is) involved in the case,” Surendran said.
“He said he and another officer were just accompanying another officer to the courthouse, but when we asked if the person was still around, he said they did not know.”
Tharmendran and his lawyers then went to the Petaling Jaya police station to lodge a report on an alleged attempt by air force personnel to abduct him from his parents’ home in Seremban last Friday.
The report will be the basis for his protection order, which will be heard by the Sessions Court at 2pm today.
Tharmendran had previously told Malaysiakini that he had been tortured by military intelligence officers while being interrogated during an internal probe.
Decisions pending
Earlier, PJ Sessions Court judge Hayatul Akmal had adjourned the trial, pending the outcome of two applications filed by his lawyers.
The first application, filed on July 15 in the Sessions Court, is for further documents from the prosecution in relation to the alleged theft of two jet-fighter engines.
The second application, filed on July 16 in the Shah Alam High Court, seeks to strike out Tharmendran’s case on the grounds that it is an abuse of the court process and frivolous.
The High Court has not set a date to hear this application.
Also present today was co-accused K Rajandran Prasad, who is represented by Gobind Singh Deo (left).
The prosecution team is led by DPP Ishak Muhamad Yusof.
Tharmendran and Rajandran are jointly charged in connection with the theft of the jet engines in 2007.
The Sessions Court set Sept 6 for mention, to fix new dates for the trial.
Now it is safer in jail rather on the street in Malaysia.
Inside or outside, looking at our recent experiences, I am not sure whether either choice is a ‘safe’ choice.
Good luck to him in Sungei Buloh.
On the run….in jail…to be alive.
C4ed…punched to be half dead….or thrown out to die…or tortured to death for stealing cars.
By right our country should be crime free with such tough laws.
Look at Thamendran.
Can you imagine he alone stole two jet engines….weighing tons?
Something fishy going on.
We must fight for Teoh Beng Hock or else all Malaysians supporting change of government are not safe.
We must fight for Teoh Beng Hock or else all Malaysians supporting change of government are not safe.// loose cannon
Yes sure, that includes contributing to TBH’s trust fund. Have you done yet?????
Another international infamy for Malaysia? Quite right!
No thanks to Malaysian justice system!
Y all d big surprise?
Not too long ago, a female journalist was locked up under ISA in M’sia 4 her personal safety n protection – safe under 24-hr protection, free makan, air-con accommodation, etc
Outside world too dangerous mah – 1 can easily get mugged, kidnapped, raped, knocked down, drown, dropped down fr a tall building, sodomised, flown off 2 another country, etc
B grateful lah 2 BN – Satu Lagi Projek Kerajaan BN
So fast to judge and find Thamendran guilty…..yet it takes months to conclude Teoh’s investigation….even though Najib promised maximum two months.
Thamendran maybe guilty but is clearly a scapegoat..to protect few ring leaders loyal to Najib.
Teoh Beng Hock’s case is exactly the same.
They can protect and lead Malaysians on a wild goose case for truths…but it shows Najib is a liar and very unreliable.
Crooks cannot cover up everything.
And remember…if one cannot walk the talk..at least vote for your talks.
If you cannot vote and talk …you are a talker with no substances.
“Do not let your left hand know what your right hand do”…so said Jesus.
While we are doing all we can to talk till we drop dead with no fear….some of us are blessed to be able to do more and they need not tell the whole world.
Money is the root of all evils…yet money can do wonders.
We earn hard for our money and feel happy to part as much as we can to help Malaysians with no race preferences.
But people like Lim Kit Siang…Karpal Singh and Lim Guan Eng and many more…who went to jail to help others are trully brave Malaysians to help Malaysians…much more important than helping with money.
UMNO B steal Malaysians money to bribe and buy votes.
UMNO B leaders are brave protected by bought over souls.
Without that…they will shiver in their pants and dresses.
Using our money to make deals by Najib…on elections are not showing how much he cares for Malaysians.
They are bribes with conditions.
Robbers and thieves for more than 25 years…these UMNO B present leaders are the sick men of Asia…thinking how powerful the are..ignoring…they are voted in.
People like LKS…LGE and Karpal are born to lead,,,not made.
Najib and Mahathiur are not born to lead…but make themselves look like that through their evil deeds.
Only Tunku Abdul Rahman could see the real Mahathir but mamak won and that is the day…UMNO B lead by the devil…up to now..with lots of Muslims being poisoned with race sentiments,. and rewards…and false hopes.
What are donations from so call generous people….if one have an unstable personality?
Once you reveal how generous you are…you are a braggart and not worth one sen…..but if anyone pledged to donate in blogging…make sure he/she keeps his/her promise…and need not prove to the whole world you have done it.
Before anyone try to teach DAP or Lim Kit Siang what to do…he should ask himself….how much have he done for the country ad Malaysia.
One typical no manners braggart keep insulting DAP and Lim Kit Siang …teaching them what to do…and twist that as a challenge for all to debate with him.
He is so hungry for attentions.
That is a sickening useless man ….that needs to migrate to earn a living….yet try to teach successful Malaysians.
Sounds like a Malaysia Chinese with his nick…..but no Malaysia Chinese with dignity will talk like that….unless a racist from MCA to lure voters away.
Quote from somewhere:
Many people said money is not the key to success, but with money I surely can have the key made.
Anyway, it is certainly difficult for this “successful” Malaysian to part even 5 or 10 ringgit despite the insinuation that he has done so. It is a challenge to you, “successful” Malaysian. I may be washing dishes and cleaning tables in a far away place, but I have earned an honourable living unlike this successful Malaysian who is no more than an exploiter of foreign workers, a short-changer of customers and a cheater on income taxes. Even in the midst of trying to be humble, this big mouth is boosting about his success. Look, you are the epitome of failure of this country – a country where politics has principle; business has no ethics.
“We will pay for it (roadshow) out of our own pockets. We will not be funded by anyone but ourselves. Why should they (Umno) pay for us when we will be whacking them during the ceramahs too?” Zulkifli told The Malaysian Insider.
See, the stupidity of these asses. Who is asking you who is paying for your trip? Why the need for you to tell the world you are paying yourself? If you have a meal in a restaurant and pay for it, do you tell the world that – hey I ate and I paid the bill out of my own pocket? Bankrupt politicians! Soon nobody will even talk about you.
Tharmendran. Quick. Do something stupid intentionally and then ask for ISA protection. It might work. ISA detention means you will be locked up. ISA protection means you will be driven around and all over the country for some time. Its true. It happened before to two ladies.
This is totally insane!!!
By name, we’re democratic.
But in reality, we’re worse than communist or even the juntas.
Amno B is getting bolder and daring each day.
As long as there’s wealth, they never bother to care about the safety and welfare of the people.
Whenever they commit “crime”, they tend to pick up someone to cover up their misdeed.
We’re blessed with a country that is rich with resources and free from disaster but we’re “cursed”, with a party who’s governing us like what’s in hell.
Amno B are no human, for they’re more evil and wicked than anyone that I’ve known or seen.
They’re just a bunch of devil dressed as human.
They do not have feeling and conscience at all.
They fool us with god’s word and even made a fool out of god, by swearing on holy books.
Who’re to be blame?
Who gave them the power?
GE13 is coming at any time and it’s you people who’re to decide.
Ponder about it!
Heaven or hell, this is a last call for everyone!!!
I wonder how long before N. Tharmendran decides to “terjatuh” from a tall building or “accidentally” drinks thinner fluid while in custody?