This article first appeared in The Edge Financial Daily on February 25, 2020 - March 2, 2020

KUALA LUMPUR: Seremban Jaya assemblyman P Gunasekaran, accused of supporting the Liberation Tigers of Tamil Eelam (LTTE) and possessing materials related to the group, has been discharged and acquitted of all charges by the High Court.

Justice Mohd Nazlan Mohd Ghazali allowed the acquittal yesterday following an application by the defence led by Ramkarpal Singh that Gunasekaran be given a discharge and acquittal, after the prosecution withdrew the charge against him.

Earlier, Gunasekaran was brought before High Court Judge Datuk Muhammad Jamil Hussin where he was also acquitted of another charge.

When met after his release, Gunasekaran thanked Attorney-General (AG) Tan Sri Tommy Thomas for dropping the case against him and 11 others, saying he is just like other patriotic Malaysians and loves the country.

“I love Malaysia and I love Malaysians. I would continue to serve my constituents despite being under remand for more than four months.

“I also love the DAP party and all the Central Executive Committee members for backing me. The party leaders, Lim Kit Siang, [secretary-general] Lim Guan Eng, [chairman] Tan Kok Wai, Charles Santiago and others,” he added.

Gunasekaran also prayed for the remaining 11’s release soon.

Kit Siang said justice finally prevailed, vindicating Gunasekaran and the others committed to a peaceful struggle.

“They have nothing to do with terrorism and are truly fighters for democracy,” he said.

In separate proceedings before Judicial Commissioner Datuk Ahmad Shahrir Mohd Salleh, taxi driver V Balamurugan was acquitted yesterday of a charge of supporting the LTTE terrorist group.

It was reported last Friday that Thomas issued a statement saying he had used his discretion to discontinue proceedings against the 12 persons.

“It is commonplace to have idols to whom hero worship is displayed. It is not just pop stars, sportsmen or actors who are admired; historical personalities and politicians are often subjects of adoration.

“Having their photos and other representations in one’s mobile phone or on a Facebook account does not transform one to being a terrorist. Just because each of these leaders used terror or violence to achieve their political goals does not mean an ardent supporter online should be regarded a terrorist or is planning a terrorist act.

“If such conduct can constitute a criminal offence, it would bring the law into disrepute,” Thomas said in the statement.

Following Balamurugan’s acquittal, he proceeded with his leave application for a judicial review to delist the LTTE from being gazetted a terrorist group, Bernama reported.

His lawyer Matthews Jude said getting a court declaration on the matter is important “to stop investigation and prosecution against anyone showing sympathy for the LTTE”.

“We just want a court order to direct the minister to delist the LTTE as a terror group,” he told reporters after case management in chambers before High Court Judge Datuk Seri Mariana Yahya.

He said the court set June 2 to hear the application, in which Balamurugan named the home minister and the government as the first and second respondents respectively.