SHAH ALAM: Royal Malaysian Air Force (RMAF) sergeant N Tharmendran, who is facing a charge of abetting in the theft of two F5 jet engines, was yesterday rearrested by the RMAF on grounds of absence from duty without leave.
REARRESTED: Tharmendran (centre) was rearrested by the RMAF for having been absent from duty without leave. — Bernama photo
Five RMAF provost marshalls whisked him away from the car park of the court complex at noon after attending the hearing of his application to have the charge against him dropped.
The Defence Ministry’s corporate communications unit said in a statement that Tharmendran’s failure to report for work after posting bail on Sept 6 constituted an offence under the Armed Forces Act 1972.
Tharmendran is still under the RMAF service and subject to the armed forces’ law, the statement said.
It also said that the notice of absence had been handed over to his lawyer and that the RMAF provost marshall unit had lodged a police report on Nov 11 against Tharmendran’s lawyer for failing to act on the notice, dated Oct 28.
Tharmendran’s arrest was a normal procedure on officers who were absent from their duties, the unit said, adding that the arrest would not deprive Tharmendran of having access to his lawyer provided the RMAF or armed forces were told about it beforehand.
Earlier on, there was a commotion when Tharmendran’s car, which was reversing out of the parking lot, was blocked by an SUV and a van belonging to the RMAF about 11.45am.
A provost marshal, Lt-Col Mohd Razif Ramli, then informed Tharmendran that he was under arrest for being absent from duty and told him to come out of his car.
Tharmendran contacted his lawyer N Surendran who came to the car park and questioned why his client was being arrested. He said the arrest was illegal and an abuse of power.
“He no longer works for the RMAF and you no longer pay his salary,” he said.
Mohd Razif later assured Surendran that he could still contact his client.
Met by reporters, Surendran said he would file a habeas corpus application to free Tharmendran, saying he had been wrongfully arrested. He would also consider suing the RMAF, he said.
Earlier at the High Court, Judicial Commissioner Datuk Asmabi Mohamad set Dec 17 to decide on Tharmendran’s application to have his charge dropped.
Surendran, in his submissions, questioned why his client was the only one charged and not the principal offender.
He also questioned the delay in charging his client, saying he was only brought to court six months after his arrest.
On Jan 6, Tharmendran, 42, claimed trial to a charge of abetting airman Mohamad Shukri Mohamad Yusop in the theft of two F5 jet engines belonging to the RMAF from the Material Processing Shed, MATRA 1, at RMAF base in Sungai Besi on April 30, 2008.
He can be jailed up to 10 years and fined if convicted.
Deputy Public Prosecutor Ishak Mohd Yusof said although the principal offender was not charged, it did not render the court proceedings mala fide nor did it constitute an abuse of court process. — Bernama