Why did the AG drop charges against 12 LTTE supporters?

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Charges Discontinued Against 12 Individuals Accused of Supporting LTTE

The Attorney General’s Chambers (AGC) has decided to discontinue the prosecution of 12 Malaysians charged with supporting the Liberation Tigers of Tamil Eelam (LTTE) due to insufficient evidence to secure a realistic prospect of conviction. Attorney General Tan Sri Tommy Thomas stated that the evidence presented did not meet the required threshold for a successful prosecution.
Insufficient Evidence for Conviction

The decision to discontinue proceedings against the 12 individuals was based on a thorough review of the evidence. Attorney General Tan Sri Tommy Thomas indicated that the available proof was not substantial enough to establish guilt beyond a reasonable doubt, thereby eliminating the realistic prospect of a conviction. This assessment led to the exercise of discretion under Article 145(3) of the Federal Constitution to halt the ongoing legal actions.
Nature of the Alleged Offenses

The charges against the 12 individuals, which included Melaka state executive councillor G. Saminathan and Negri Sembilan state lawmaker P. Gunasekaran, primarily revolved around possessing materials and posting social media messages related to LTTE founder Velupillai Prabhakaran. The AGC found that possessing photographs of Prabhakaran and other LTTE leaders, even if they were deceased, did not automatically equate to supporting terrorism.
Distinction Between Admiration and Support for Terrorism

The AGC clarified that admiring historical or political figures, even those associated with violence, does not inherently transform an individual into a terrorist or a planner of terrorist acts. The evidence suggested that the conduct of the accused could be interpreted as mere 'advocacy, protest or dissent', which falls under categories excluded from the definition of supporting terrorism under the Penal Code. The prosecution could not establish that such admiration constituted active support for a terrorist organisation.
Potential Penalties if Convicted

Had the prosecution continued and resulted in convictions, the 12 individuals faced severe penalties under Section 130 of the Penal Code. These penalties included a potential life imprisonment sentence, with a maximum term of 30 years, a fine, and the confiscation of any properties used in the commission of the offense. The other ten individuals named in the charges were S. Chandru, V. Balamurugan, S. Teran, A. Kalaimughilan, S. Arivainthan, S. Thanagaraj, M. Pumugan, R. Sundram, V. Suresh Kumar, and B. Subramaniam.

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Why did the AG drop charges against 12 LTTE supporters?

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