By Teoh El Sen - Free Malaysia TodayPETALING JAYA: The lawyer representing former air force sergeant N Tharmendran, who was dramatically re-arrested yesterday by the Royal Malaysian Air Force (RMAF) on grounds of absence from duty, will file a habeas corpus application at the Kuala Lumpur High Court this afternoon.
N Surendran told FMT this morning that he was on his way to the Batu Kentonmen army camp at Jalan Ipoh, where his client is detained, to get his affirmation for the affidavit to support the application.
"If all goes well, and I am allowed in, we will be filing the habeas corpus application by 3.45pm,” said Surendran.
On Jan 6, Tharmendran, 42, pleaded not guilty to a charge of abetting senior airman Mohamad Shukri Mohamad Yusop in the theft of two F5 jet engines at the RMAF base in Sungai Besi on April 30, 2008. If convicted, he can be for up to 10 years.
Former company director K Rajandran Prasad, 38, was charged with intentionally disposing of the two engines.
On Aug 19, Tharmendran and Prasad were slapped with additional charges of money laundering – Tharmendran with three counts involving RM62,000 and Prasad with five counts involving RM437,319.50. Both claimed trial.
Surendran said Tharmendran's arrest and detention were unlawful because he was a civilian and therefore no longer subject to military authority.
"They claim that he is still a serviceman, and that he hasn't reported for duty and is now a deserter,” he said. “But we all the evidence to prove otherwise. We have the order from 2007 that extends his service only until May 28. Furthermore, he has not got his salary since June."
Surendran accused the RMAF of acting in bad faith.
"We are afraid for his safety because he was tortured by the army before,” he said. “We are also afraid that pressure will be asserted on him because he is going to testify against the air force.”
Tharmendran has claimed that RMAF intelligence physically tortured him to extract a guilty plea.
Camp officials have been informed of Surendran’s planned visit, but the lawyer said there was a possibility that he would be denied a meeting with his client.
Five RMAF provost marshalls arrested Tharmendran at the car park outside the Shah Alam High Court yesterday after he had attended the hearing of an application to have the charges against him dropped. The judge said he would give his decision on Dec 17.
The Defence Ministry has said in an official statement that Tharmendran's failure to report for work after posting bail on Sept 6 was an offence under the Armed Forces Act 1972. It said Tharmendran was still in service.
The missing F5E jet engines were allegedly smuggled to Uruguay.
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