Should the AG’s decision to drop LTTE charges be reviewed?

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The Malaysian Muslim Lawyers Association Urges Review of Attorney General's Decision to Drop LTTE Charges

The Malaysian Muslim Lawyers Association (PPMM) has called for a review of Attorney General Tan Sri Tommy Thomas' decision to drop terrorism charges against 12 individuals linked to the Liberation Tigers of Tamil Eelam (LTTE). PPMM president Datuk Zainul Rijal Abu Bakar stated that stakeholders should initiate court action to challenge the AG's decision, asserting that the AG's powers are subject to judicial review and signalling a lack of confidence in Thomas' suitability for his role.
Call for Judicial Review and AG's Resignation

PPMM contends that a court action is necessary to challenge the AG's decision and to prevent the arbitrary use of authority. The association believes that a series of decisions made by Thomas indicate he is not fit to hold the responsibilities of Attorney General and public prosecutor. To this end, PPMM has also urged Thomas to step down, threatening to petition the Yang di-Pertuan Agong to replace him if he does not resign.
Details of the Dropped Charges and Accused Individuals

The twelve Malaysians, who had been held at Sungai Buloh Prison, faced charges under Section 130 of the Penal Code for supporting terrorism due to their alleged links to the LTTE. Among the accused were Melaka state executive councillor G. Saminathan and Negri Sembilan assemblyman P. Gunasekaran, alongside corporate CEO S. Chandru and individuals identified as V. Balamurugan, S. Teran, A. Kalaimughilan, S. Arivainthan, S. Thanagaraj, M. Pumugan, R. Sundram, V. Suresh Kumar, and B. Subramaniam. Conviction under this section could have led to life imprisonment, a fine, and forfeiture of properties.
Attorney General's Rationale and Constitutional Powers

Attorney General Tan Sri Tommy Thomas explained that the decision to drop the charges was exercised under his constitutional discretionary powers. He cited insufficient evidence that would present a realistic prospect of conviction as the basis for this decision. This action highlights the AG's authority in prosecutorial matters, even as the previous Pakatan Harapan government's attempt to separate the public prosecutor function from the AG post in 2018 did not materialise due to constitutional amendment requirements.
Malaysian Bar's Concerns on Detention and Bail

In parallel to PPMM's stance, the Malaysian Bar has also voiced concerns, urging the AG to provide an explanation for the initial arrests and charges. The Bar criticised the use of the Security Offences (Special Measures) Act 2012 (SOSMA) for the detention of the accused without bail. They expressed disappointment that individuals could be detained for extended periods on charges where the likelihood of conviction appeared slim, deeming such practices an affront to natural justice.

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Should the AG’s decision to drop LTTE charges be reviewed?

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