Why did the AG drop prosecution of the 12 Malaysians?

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Attorney General Dropped LTTE Case Due to Difficulty in Securing Conviction

The Attorney General (AG) decided to drop the prosecution of 12 Malaysians charged with supporting the Liberation Tigers of Tamil Elam (LTTE) because the legal framework made it challenging to secure a conviction. This decision was primarily influenced by specific provisions within the Anti-Money Laundering and Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, which mandate periodic reviews of terrorist designations.
Legal Provisions Complicate Prosecution

A key factor in the AG's decision was Section 66B(9) of the Anti-Money Laundering and Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001. This section compels the Home Minister to review any orders designating an entity as terrorist every six months. The AG highlighted that this requirement means such declarations are not permanent. If sufficient evidence emerges suggesting an entity is no longer violent, the order must be revoked, thereby complicating the prosecution's ability to prove its case definitively.
Insufficient Evidence for Conviction

Beyond the procedural challenges, the AG concluded that there was insufficient evidence presenting a "realistic prospect of conviction." The materials discovered on the accused individuals that were intended to suggest a link to the LTTE consisted mainly of images of its founder, Velupillai Prabhakaran. The AG viewed these as expressions of admiration rather than concrete proof of engagement in terrorist actions.
Home Minister's Authority Acknowledged

The Attorney General clarified that he did not question the Home Minister's authority to classify groups like the LTTE as terrorist organisations. He affirmed that the minister possesses the prerogative to gazette or de-gazette such entities. The AG's action was to call for a review as permitted under the law, not to challenge the minister's fundamental power to make these designations.

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Why did the AG drop prosecution of the 12 Malaysians?

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