THE Attorney-General’s Chambers has discontinued proceedings against 12 men charged with supporting the Liberation Tigers of Tamil Eelam (LTTE).

In a statement, Attorney-General Tommy Thomas said “there is no realistic prospect of conviction for any of the 12 accused on any of the 34 charges”.

Thomas said the men’s possession of photos of LTTE leader Velupillai Prabhakaran, deemed a hero to many Tamils, was not sufficient to amount to supporting terrorism.

“Accordingly, in the exercise of my discretion pursuant to Article 145(3) of the federal constitution, I have decided to discontinue proceedings against them with immediate effect,” Thomas said.

Thomas added that prosecutors must take account of facts that become known as the case develops, even after charges are laid. 

The charges against the men under the Penal Code for “giving support”, “possession”, “distribution” and “display” of LTTE material and photos of its leaders could not be defined as acts of terror under the law.

“Having their photos and other representations in one’s mobile phone or on a Facebook account does not transform one to being a terrorist.

“Just because each of these leaders used terror or violence to achieve their political goals does not mean that an ardent supporter online should be regarded as a terrorist or is planning a terrorist act,” Thomas said.

He said the Penal Code provided for exclusions to actions that did not cause death or involve the use of arms.

“The exclusion in Section 130B(4) makes it clear that acts of advocacy, protest, dissent or industrial action which are not intended to cause death, serious injury or risk to public safety are not terrorist acts or threats of action. 

“Simply put, peaceful acts are not terrorist acts.”

He said the exclusion in the law showed Parliament’s recognition of fundamental constitutional rights such as free speech and expression, and the right to freedom of association and assembly.

“The dividing line between acts which are considered terrorist acts and acts which are not is the gravity of the act: if it causes or intends to cause death of another, it is a terrorist act. However, if it is merely a statement or protest, whether on social media or otherwise, without threatening violence, it is not a terrorist act.”

Thomas also said the charges against one of the accused “simply cannot stand because at that point of time LTTE was not even gazetted”.

“LTTE was declared a terrorist group by the home minister by an order gazetted on November 12, 2014. One of the accused was charged for giving support and distributing items associated with LTTE in March and June 2014, which were before LTTE was gazetted as a terrorist group.”

The 12, who include the DAP assemblymen for Seremban Jaya and Gadek, were arrested under the Security Offences (Special Measures) Act (Sosma) in October last year and charged under the Penal Code.

The use of Sosma against the 12 was criticised by members of the ruling government, especially DAP MPs, as Pakatan Harapan had promised to review or abolish oppressive laws like Sosma, a preventive detention law.

The charges of supporting LTTE were also met with disbelief by some, as the organisation that fought in Sri Lanka’s civil war has been defunct since 2009.

Thomas also said for six of the accused, the offences they allegedly committed took place between March and December 2014; yet they were only charged last year.

“Prosecutors did not see it fit to charge them soon after the alleged offences had been committed. It is against the public interest that these 6 persons are tried in 2020 for offences allegedly committed 6 years previously. The passage of time is unacceptable for a case of this nature.”

Another six accused, he said, allegedly committed their offences in January and October last year.

Even though LTTE was still gazetted as a terrorist group under Malaysian law, the group had not been responsible for violence in Sri Lanka in 2019, let alone Malaysia.

“The link is remote, specious and tenuous. Harm to Malaysians (could not) be established by the prosecution,” Thomas said. – February 21, 2020.