THE Kuala Lumpur High Court has dismissed a bail application by DAP’s Gadek assemblyman, G. Saminathan, who has claimed trial to charges he has links to the Liberation Tigers of Tamil Eelam (LTTE). 

Justice Ahmad Shahrir Mohd Salleh ruled that despite a recent high court ruling declaring Section 13 of Security Offences (Special Measures) Act 2012 unconstitutional, he could not grant bail due to the severity of the punishment of the alleged offence. This section states that bail shall not be provided to a person charged with a security offence.

The charges against Saminathan are under Section 130J of the Penal Code, which provides for a life sentence.

The judge added that LTTE is still classified as an active terrorist organisation under the government gazette, over which the Home Minister has the prerogative. 

Shahrir also ruled that the medical issues faced by Saminathan are not life-threatening and could be attended to at Sungai Buloh prison, where he is remanded. 

Saminathan, 34, was among a dozen men detained last October under the security law. He was dressed in a grey shirt and hand-cuffed as he stood in the dock when the decision was delivered.

Present in the public gallery, along with relatives and other supporters, were DAP stalwart Lim Kit Siang, Penang deputy chief minister P. Ramasamy, DAP national chairman Tan Kok Wai, DAP Klang MP Charles Santiago, DAP central executive committee member Ronnie Liu, DAP Kota Melaka assemblyman Khoo Poay Tiong and PSM deputy chairman S. Arutchelvan.

Saminathan’s wife, V. Umadevi, 32, cried as the Malacca executive council member was led away by police.

Saminathan was represented by DAP Bukit Gelugor MP Ramkarpal Singh, while deputy public prosecutor Mohd Firdaus Abu Hanipah and Rohaiza Abd Rahman appeared for the prosecution.

“We accept the decision of the court although we are disappointed. We always have felt there are good grounds to allow bail,” Ramkarpal told reporters after today’s hearing.

“We will consider our options, one of which is to appeal today’s decision or make a fresh (bail) application. We will be taking instructions and making a decision on our next step very soon,” said Ramkarpal, who was flanked by Lim and other DAP leaders.

Earlier, Shahrir said he is “mindful of the defunct function of LTTE” …but added that the authenticity of the gazette that lists the organisation as active “could not be disputed”.

The judge added that there was no evidence to show that the gazette, which is updated every six months, had been revoked.

The sanction list is compiled by the home minister under the Section 66B (1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds From Illegal Activities 2001.

On October 29, last year, Saminathan, Seremban Jaya assemblyman, P. Gunasekaran, 60, and businessman S. Chandru, 38, claimed trial to charges of supporting LTTE at a function held at Dewan Kasturi Ayer Keroh, Jalan Utama, Taman Ayer Keroh Heights, from 8.30pm to 10.50pm on November 28, 2018.

Saminathan was also charged with possession of items with elements of terrorism or related to the LTTE in a mobile phone at the office of the Unity, Human Resources and Consumer Affairs executive councillor at the Chief Minister’s Department at Kompleks Seri Negeri in Malacca at 10.25am on October 10 last year.

Section 13 of Sosma which barred the courts from considering bail, was declared unconstitutional by Kuala Lumpur High Court judge Mohd Nazlan Ghazali on November 29 last year, on grounds that it violated the separation of powers.

Nazlan’s ruling meant Saminathan and others could make bail application on the grounds of constitutionality.

The Malacca Sessions Court on December 18, however, rejected Saminathan’s application, as well as those of Gunasekaran, and Chandru on the grounds that their cases involved national security.

Today’s decision is the first the high court has ruled on whether to grant bail to any of the dozen men, based on the merits of their application outside of Section 13.

Case management has been set for February 11. – January 29, 2020.