Malaysia's decision to drop terror charges against DAP lawmakers attracts controversy

Malaysian opposition party PAS threatened to organise a big rally if the government retains Attorney-General Tommy Thomas. PHOTO: THE STAR

KUALA LUMPUR - Malaysian opposition party PAS has threatened to organise a big rally if the government retains Attorney-General Tommy Thomas, while the Muslim Lawyers Association said it plans to call on the Malaysian King to replace the top prosecutor, after a controversial decision to drop a terrorism-related case against 12 men.

Tan Sri Thomas on Friday (Feb 21) dropped charges against the men including two lawmakers from the Democratic Action Party (DAP), a component party of ruling coalition Pakatan Harapan (PH), for alleged links to defunct terrorist group Liberation Tigers of Tamil Eelam (LTTE).

The move was praised by the DAP which has been pushing for the charges to be dropped after the 12 ethnic-Indian individuals were arraigned last year using a controversial anti-terrorism law.

The two DAP lawmakers are Melaka state executive councillor G. Saminathan and Negeri Sembilan assemblyman P. Gunasekaran.

But the A-G's decision, as expected, has opened the government to criticism of overreaching its powers to protect ruling coalition supporters.

Mr Thomas said on Friday that his decision to drop the case was made under his discretionary powers, as he found insufficient evidence to back the prosecution's case.

Mr Kamaruzaman Mohamad, information chief at Parti Islam SeMalaysia (PAS) on Saturday said the party would hold a demonstration, should its demand that Mr Thomas be removed is not heeded by PH.

"If our demands are not fulfilled, we will move for a massive public rally to demand for the cleansing and purifying of the attorney-general institution," he said.

Security officials told The Straits Times before the A-G's decision that such a move by the government could make the fight against terrorism harder, as evidence presented, such as huge money transfers by those nabbed and believed to be LTTE sympathisers, had been set aside.

The Muslim Lawyers Association, or PPMM, urged for a judicial review to be filed to challenge the A-G's decision.

"PPMM believes a court action must be done by any stakeholders to challenge the decision of the A-G and as a signal to him to not wantonly use his authority without the correct legal considerations," its president Datuk Zainul Rijal Abu Bakar said in a statement.

The 12 Malaysians had been charged under a section of the Penal Code for supporting terrorism and were held in prison since their arrest last year.

The Bar Council, taking the opposite stance from the PPMM, asked Mr Thomas to explain why the men had been charged and thrown into jail in the first place, under what it calls the "draconian" anti-terror law Security Offences (Special Measures) Act 2012, which the council says is an "affront to natural justice".

Meanwhile, senior PH leader Anwar Ibrahim said in light of the decision to stop legal proceedings on the LTTE issue, other similar cases should also be looked into. Dozens of Malay men are in jail after being convicted of supporting terror groups such as the Islamic State.

Datuk Seri Anwar said he had met in jail while serving his sodomy offence, prisoners who were convicted for possessing a T-shirt deemed to be linked to terror groups, which he feel was a disproportionate legal response, Malaysiakini news site quoted him as saying on Saturday.

"If we feel that the punishment does not fit the crime or it is too harsh, we can re-examine this. We should be tough on terrorism and I do not compromise with terror," he was quoted as saying. "But there are some cases reported, and I've met in my time in the Sungai Buloh prison, I feel like it is a small crime case, like a T-shirt of support or a donation to a neighbour that I feel it (the offence of supporting terrorism) is enough with the current punishment".

Join ST's Telegram channel and get the latest breaking news delivered to you.