G Saminathan (File pic)
KUALA LUMPUR, Nov 13 -- Melaka’s Gadek State Assemblyman, G. Saminathan, who is being detained under the security offences act for alleged link to the Liberation Tigers of Tamil Eelam (LTTE), submitted a letter of representation to Attorney General Tan Sri Tommy Thomas regarding a request for bail that involved the issue of the constitution.
Saminathan, 34, who faced charges of supporting and possessing items related to the group was remanded at the Sungai Buloh Prison under the Security Offences Act (Special Measures) Act 2012 (SOSMA).
Peguam Ramkarpal Singh, who represented Saminathan, said that he had delivered a letter of representation to the Attorney General two days ago (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 Mohd Nazlan Mohd Ghazali, today.
Deputy Public Prosecutor Muhamad Iskandar Ahmad said the prosecution had received the letter of representation yesterday and would discuss with the Attorney General on the matter this Friday.
Judge Mohd Nazlan 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 had decided that there was merit in the application of the defence under Section 13(2) SOSMA to refer the issue of the constitution on the bail to the High Court.
The court had allowed the application of Saminathan and 11 men to refer the issue of constitution on bail to the High Court.
They were Saminathan, 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 all separately charged in the Sessions Court here and several other states on Oct 29 and 31 on charges of being linked to the terrorist group LTTE.