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Sunday, 12 December 2010

Hearing of sergeant’s application postponed

The Star


KUALA LUMPUR: The High Court has postponed hearing a habeas corpus application by Royal Malaysian Air Force (RMAF) sergeant N. Tharmendran seeking his immediate release from detention to Jan 4.

The new date was set to allow all the respondents to file their affidavits-in-reply.

The hearing was to have taken place yesterday.

It was learnt that lawyer N. Surendran, who represented Tharmendran earlier, had been replaced by counsel Amer Hamzah Arshad.

Surendran told reporters that he had filed a supporting affidavit and would act as a witness in the hearing before High Court judge Justice Su Geok Yiam.

The Defence Ministry’s assistant legal adviser Mohamad Tarmizi Ahmad appeared for the respondents.

On Nov 26, Tharmendran filed the habeas corpus writ to seek his release from detention by the air force.

The 42-year-old, who is facing a charge of abetting in the theft of two F5 jet engines, was re-arrested by the RMAF on Nov 25 after attending a hearing at the Shah Alam High Court.

He named Lt Kol Mohd Razif Ramli, a commander of Batu Cantonment camp detention centre (where he is currently being held), RMAF chief General Tan Sri Rodzali Daud and the Defence Minister as respondents.

Meanwhile, the Petaling Jaya Sessions Court has fixed Dec 28 for a re-mention of Tharmendran’s criminal case to wait for a decision by the Shah Alam High Court on his application for a permanent stay on the case.

On Jan 6, Tharmendran had claimed trial at the Sessions Court to a charge of abetting in the theft of the jet engines on April 30, 2008.

He can be jailed up to 10 years and fined if convicted.

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