The defence team of former air force sergeant N. Tharmendran made an application today asking for written correspondence between the defence minister and the Royal Malaysian Air Force (RMAF) chief on Tharmendran’s case, along with log books detailing the time and persons on duty when the stolen jet engines were allegedly removed from the Subang 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.
“They are crucial to the defence because we are saying that the prosecution was done in bad faith and that Tharmendran is a scapegoat,” defence lawyer N. Surendran told reporters today.
“The prosecution claims that they don’t have it (the documents) in their hands. But any documents that are with the authorities are in the hands of the prosecution,” he added.
When asked for the dates of the purported correspondence between Defence Minister Datuk Seri Ahmad Zahid Hamid and RMAF chief General Datuk Rodzali Daud on Tharmendran’s case, Surendran said that he did not have the dates but stressed that he had “information” about such communication.
The human rights 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.
“The prosecution claims they don’t have it in their hands. So how did they charge (Tharmendran)?” he asked.
The prosecution, however, slammed Surendran’s application in the Sessions Court here today for the documents as a “fishing expedition”.
“We are not obligated to supply documents to the defence other than what we are using. What can be supplied to the accused are documents limited to the charge,” said deputy public prosecutor Syed Faizal Syed Amir.
He cited the Federal Court’s rejection of Opposition Leader Datuk Seri Anwar Ibrahim’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.
“We have the decision of the apex court which governs this court. The application by the defence for documents does not have merit and we ask that this application be denied,” said Syed Faizal.
Surendran acknowledged the decision of the Federal Court in Anwar’s case but stressed that the English authorities in cases he referred to clearly stated that the prosecution was required to disclose documents material to their case.
“I did say that (the decision) Anwar’s case is not in line with my application. But I said that the authorities I referred to do not refer to the Federal Court or Appeals Court in Anwar’s case,” said Surendran.
“I say that there is space for this court to allow the application of the accused,” he added.
Surendran has maintained that Tharmendran is a scapegoat in a larger conspiracy concerning the theft of aircraft spare parts involving high-ranking officers.
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 Zahidi, had claimed that it had been an inside job.
Sessions Court Judge Hayatul Akmal Abdul Aziz fixed 2 pm later today for the decision on Tharmendran’s application for the documents.
