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AUSTRALIAN ATTORNEY GENERAL THINKING OF APPEALING AGAINST BAILING OUT LTTE SUSPECTS IN TERRORIST CASE

By Walter Jayawardhana

The Australian Attorney General announced that he has taken steps to challenge the Supreme Court decision to release on bail suspects of the Liberation Tigers of Tamil Eelam ( LTTE) .

The announcement came soon after Supreme Court Justice Bernard Bongiorno granted bail to Arunanl Vinayagamurthi (33) of Mt. Waveryly, Sydney and Sivaraja Yathavan (36) of Vermont South of the same city were allowed bail.

Attorney General of Australia took this decision despite the warning of the Justice Bernard Bongiorno that the Australian Judicial system should not be tampered with political interference.
Attorney General Philip Ruddock said while he respected the constitutional separation of powers he had asked the Director of Public Prosecutions to examine whether the verdict to release the two supporters of the terrorist group the LTTE could be challenged.

The Australian government is reportedly worried about terrorist suspects getting bailed out by the verdicts of the judges. In the other terrrorist related case of the failed London bombings the government cancelled the the working visa of Dr. Mohamed Haneef(27) after he was bailed out by a a magistrate. In a different court house, on the precedent verdict of Justice Bongiorno, Arumugam Rajeevan who was also accused of funneling 600,000 Australian Dolllars was also bailed out. He was a co-defendant of the same case of Yathavan and Vinayagamoorthy.

The lawyers for Yathavan and Vinayagommorthy argued in the case under exceptional circumstances the suspects should be allowed bail.

Arumugam Vinayagamoorthy and Sivarajah Yathavan were arrestest last May for providing support and being members of the terrorist organization called LTTE also known as the Tamil Tigers. Justice Bongiorno said the charges against the men were very serious and that’s why the law wanted them to show exceptional circumstances to bail them out. But he said , “But it must also be kept in mind that they are entitled to the full benefit of the presumption of innocence. If that principle's abandoned or modified for political expediency, we risk the legal foundation of our whole criminal justice system."

"These men are innocent of these crimes unless and until they are proved beyond reasonable doubt to be guilty."

He further said, “ Police allege the men raised money, with a colleague(Jeyakumar) who died earlier this year, for the Tigers through the Tamil Co-ordination Committee and bought equipment similar to that used by the group in military actions in Sri Lanka.”

The defence lawyers argued since there had been a delay between the first interview and being charged the accused were entitled to the benefits of exceptional circumstances and therefore should be jailed.

The police charged Yathavan and Vinayagamoorthy raised money with a colleague called Jeyakumar to help buy equipment for Tamil Tiger terrorist activities in Sri Lanka

In a different court house Chief magistrate Ian Gray bailed out Arumugam Rajeevan on the strength of the earlier Supreme Court decision.

All three men were bailed on their own undertaking with a $100,000 surety each and conditions that included not leaving Australia, daily reporting to police and living at permanent addresses.
It was unclear last night if Mr Ruddock's office was also seeking to appeal Mr Gray's decision to release Rajeevan on bail.

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