Singaporean on trial in US on material support charges

[TamilNet, Monday, 11 October 2010, 01:36 GMT]
William Purpura, the court appointed attorney for Singaporean Balraj Naidu, will be defending his client at the federal district court in Baltimore Tuesday, against charges of conspiracy to provide material support to a foreign terrorist organization (FTO), according to court docket on the case. The conspiracy charge follows guilty pleas and subsequent sentencing of four other "co-conspirators" sentencing ranging from 30 months to 57 months during latter part of 2008. Naidu's trial will last 3 to 4 days, and to be convicted, as in federal jury trials, the 12-person jury must unanimously return a guilty verdict.

US Government documents indicate that another defendant, Thulasitharan Santhirajah, is in custody in Australia fighting extradition to the U.S.

United States Government dropped four of the six charges originally filed against Naidu as the Singaporean Government approved only to the following two charges when Naidu was extradited from Singapore in December 2009.
  • COUNT II: Conspiracy to Provide Material Support to an FTO, in violation of 18 USC 2339(B)(a)(1); and
  • COUNT VI: Possession of a Firearm in Furtherence of a Crime of Violence, in violation of 18 USC 924(c).
Naidu filed motion to dismiss on 19th April 2010, claiming that "Naidu is a foreign national who engaged in conduct entirely on foreign soil, which conduct was never intended to involve the US, until the US initiated such conduct, which conduct was alleged to have been intended to aid an organization with no apparent terrorist aims against the US." Therefore, Naidu argued that the charges should be dismissed for lack of jurisdiction in violation of the due process clause of the 5th amendment.

On count VI, Naidu argued that the charge is "multiplicitous," where in this case the the possession of a "quantity of weapons" was not in furtherence of the conspiracy; it was the goal of the conspiracy.

Judge Catherine C Blake denied defendant's motion for Count II, and reserved motion as to Count VI.

On the material support charge, the US Government has the burden to prove, and to convince the jury, that the defendant had knowledge that the organization:
  • has been designated an FTO, or
  • engages, or has engaged in "terrorism" [defined in Immigration and nationality act 212(a)(3)(B)] or " terrorist activity" [defined in 140(d)(2) of the Foreign Relations Authorization Act].
The details of Naidu's alleged co-conspirators are: Haniffa Bin Osman, age 57, a citizen of the Republic of Singapore - 37 months, Erick Wotulo, age 61, a citizen of the Republic of Indonesia, and a retired Indonesian Marine Corps General - 30 months in prison, Haji Subandi, age 71, a citizen of the Republic of Indonesia- 37 months, and Thirunavukarasu Varatharasa, age 36, a citizen of the Democratic Socialist Republic of Sri Lanka- 57 months in prison.


Chronology:


External Links:
Cornell: 2339B. Providing material support or resources to designated foreign terrorist organizations
USGov: Sentencing on money laundering for LTTE: Oct 30, 2008
USGov: Indonesian man sentenced in conspiracy to provide material support to LTTE
Cornell: § 924. Penalties

 

Latest 15 Reports
17.05.21 19:23   Photo
Ananthi blames war criminal Silva for blocking collective memorial at Mu'l'livaaykkaal
23.03.21 12:41   Photo
No focus on Tamil genocide, geopolitics gets played out in Geneva in favour of QUAD formation
21.03.21 13:34   Photo
Navi Pillay explains ‘human rights’ limitations in Geneva on Tamil genocide
15.03.21 20:36   Photo
Deceived Tamil activists in UK falsely claimed ‘substantial changes’ to Zero draft
09.03.21 21:34   Photo
UK repeatedly wronged Tamils says hunger-striker, demands genocide justice
26.02.21 11:53   Photo
Tamils witness false dilemma in Geneva as geopolitical formations pit against each other
19.02.21 14:02   Photo
UK not prepared to push for ICC option in new UNHRC Resolution
07.02.21 23:16   Photo
Unprecedented P2P uprising paves the way for rights-oriented politics of Tamils and Muslims
22.01.21 08:01   Photo
Gotabaya sets up deceptive COI citing ‘sovereignty’ and ‘non-aligned’ foreign policy
18.01.21 23:44   Photo
Tamil activists resisted three sources of outside influence while drafting demands to UNHRC
16.01.21 11:03  
Tamil national parties demand UN to inquire into crime of genocide and set up IIIM
09.01.21 09:37   Photo
Demolition of Tamil genocide monument, fourth emblematic trauma since 1974: Rev Fr Sakthivel
08.01.21 23:51   Photo
Colombo destroys Mu'l'livaaykkaal memorial monument at Jaffna University
07.01.21 11:22   Photo
With emphasis on genocide, Suresh calls for ICC-referral, IIIM and referendum
07.01.21 00:04   Photo
Boyle prefers IIIM demand over ICC-referral, says specific reference to genocide essential
 
Find this article at:
http://www.tamilnet.com/art.html?catid=13&artid=32769