Tharmendran claimed the documents would prove his innocence in the crime. — file pic
PETALING JAYA, Sept 6 — The Sessions Court here dashed ex-airman N. Tharmendran’s hopes of proving his innocence on charges of stealing two F5-E jet engines, when it denied him today access to classified documents from the prosecution.
Judge Hayatul Akmal Abdul Aziz cited the Federal Court’s decision which rejected Opposition Leader Datuk Seri Anwar Ibrahim’s appeal for further documents in his sodomy trial.
“Referring to the Federal Court’s decision in Datuk Seri Anwar Ibrahim’s case, the court agrees that under Section 51A (of the Criminal Procedure Code), it supports the prosecution. Application is dismissed,” said Hayatul Akmal today.
The defence team for former Royal Malaysian Air Force (RMAF) sergeant Tharmendran made an application this morning asking for written correspondence between Defence Minister Datuk Seri Ahmad Zahid Hamidi and RMAF chief General Datuk Rodzali Daud in relation to the case, along with log books detailing the time and persons on duty in December 2007 when the stolen jet engines were allegedly removed from the Sungai Besi RMAF air base.
They also sought statements recorded during police investigations on allegations by Tharmendran’s father that his son was tortured by air force majors, and statements recorded by the RMAF during their investigations of other air force personnel — who were allegedly tortured at the same time as Tharmendran claims, for the theft of spare parts.
The prosecution, however, said that such documents were not in their possession and that they were not obligated to supply the defence with papers other than what they were using.
“The court agrees with the prosecution that those are privileged documents under Section 112 of the CPC (Criminal Procedure Code),” said Hayatul Akmal, referring to the statements taken during police investigations.
Speaking after the ruling, defence lawyer N. Surendran later slammed the Federal Court’s decision in Anwar’s case that was cited by the Sessions Court here in Tharmendran’s application for key documents.
“The decision of the Federal Court is extremely narrow and conservative,” Surendran told reporters today.
“The Federal Court seems to be deliberately bent on retarding the rights of accused persons in criminal trials,” he added.
The Federal Court had rejected Anwar’s appeal to obtain medical notes from three doctors who had inspected the complainant in his sodomy trial, Saiful Bukhari Azlan.
The apex court had ruled that prior to the start of the trial, Anwar was only entitled to documents and materials pertaining to the charge which had already been provided to him, and that a roving “fishing” enquiry for evidence was not permissible.
Following today’s ruling, Surendran said the defence will now resume focus Tharmendran’s trial.
“We see no point in appealing further. It is not likely that we will appeal,” he said.
The human rights lawyer added that non-governmental organisation, Lawyers for Liberty, would send the Chief Justice a memorandum after Hari Raya Aidilfitri to press for a reform of the judiciary.
Surendran has maintained that Tharmendran is a scapegoat in a larger conspiracy concerning the theft of aircraft spare parts involving high-ranking officers.
The lawyer added that basic documents like the RMAF log books related to the stolen jet engines were crucial in determining the validity of the accusations against Tharmendran.
Tharmendran’s application to cross-examine the two air force majors who allegedly tortured him has been set for hearing on October 1 in the Shah Alam High Court, after which his application to quash the charges against him will be heard.
Tharmendran, in a motion filed on July 16, is seeking for the charges against him to be thrown out on grounds that the authorities in the case had a specific intention to implicate him.
The former RMAF sergeant previously claimed to have been tortured by two “majors” who sought to force a confession that he had stolen the jet engines.
He further alleged that about 30 to 40 others had been similarly tortured as he could hear their screams during his confinement at the air force base.
The jet engine theft scandal saw a twist with the recent emergence of a new witness, whom Surendran said was willing to prove Tharmendran’s torture allegations.
Tharmendran and company director K. Rajandran Prasad were jointly charged in the Petaling Jaya Sessions Court on January 6 in connection with the theft of the missing F5-E jet engines.
Tharmendran is accused of stealing the engines in December 2007 at the Subang RMAF air base.
He was also charged with conspiring in the theft with senior airman Mohamad Shukri Mohamad Yusop at the material processing shed at the Sungai Besi RMAF base.
He was arrested on September 1 last year, and if convicted faces up to 10 years’ jail and a fine. Rajandran is accused of disposing of the engines on April 30, 2008.
The theft was a major embarrassment to the government, following reports later that the country’s first submarine — KD Tunku Abdul Rahman — could not dive in tropical waters.
The prime minister had vowed that there would be no cover-up in the high-profile case which occurred during his tenure as defence minister while the current minister, Ahmad Zahid, had claimed that it had been an inside job.
Hayatul Akmal fixed the case for mention on October 11. - The Malaysian Insider
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