High Court Upholds Acquittal Of Man Charged With Having Swastika Tattoo

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Suresh Kumar Ramasamy’s tattoos, which include a swastika, a cross and a crescent and star.GEORGE TOWN: A bookseller today heaved a sigh of relief after the High Court here upheld his acquittal for allegedly being part of a “04” secret society gang by virtue of having a swastika tattooed on his body
Suresh Kumar Ramasamy, 45, was detained with others in a police raid at a cafe at Chulia Street here on Feb 10, 2018 and charged on March 1 with having the tattoo of a swastika on his back, which prosecutors claimed was a symbol of the “04” secret society
Suresh, who sells professional books, was charged under Section 43 of the Societies Act 1966 for being part of an unlawful society. He denied the charge
The Magistrate’s Court acquitted him on May 30 last year when the prosecution failed to prove a prima facie case, and the prosecution appealed against the decision on June 12
Today, High Court judge Akthar Tahir said Suresh’s tattoo alone was insufficient to prove he was part of a secret society or a criminal gang
He agreed with the assertion by Suresh’s lawyer that an expert witness from the police department had said that Suresh’s swastika tattoo was not modified to resemble symbols of secret societies or even Gang “04”
Saying the lower court’s decision to acquit Suresh was right, as it had not been proven that he was a member of a gang, Akhtar dismissed the prosecution’s appeal
The “04” gang is regarded as the most active criminal gang in Penang, Perak and other areas in northern Malaysia, Sin Chew Daily had reported. It is said to have its origins in the Hua Kee, a secret society of the 1980s
Suresh Kumar Ramasamy (second from left) with his lawyers E Gnasegaran (right) and Audrey Wee at the High Court in George Town, Penang, today.Deputy public prosecutor Yazid Mustaqim Roslan said the swastika symbol was related to Gang “04”, as testified by a police gangsterism expert. But he agreed the same expert had said the symbol also “connotes religious status”
Yazid said the court should assume that Suresh was a gang member as laid out under Section 114 of the Evidence Act 1950, which states that a court may presume the existence of a certain fact in a case
Defence lawyer E Gnasegaran disagreed with Yazid, saying the police gangsterism expert had said the swastika had to be significantly modified from the Hindu or Buddhist versions to be assumed as a gang sign
He said the expert had said common modifications included four dots around the arms of the swastika and that it was usually placed under two snooker balls with numbered digits to denote gang association
Gnasegaran said the expert had also said tattoos of playing cards and suits were also typical gangland symbols, including a clenched fist making a “0” shape, denoting the digit zero
He said Suresh had no criminal record or any past gang affiliation and was also not part of any initiation ceremony, nor had he collected money
After the verdict, Suresh, a Hindu, said he was relieved to have the burden lifted off his shoulders. He said he has had the tattoo for over 20 years and that it was purely for religious reasons
“I believe in all faiths, hence the crescent, moon and star, a cross and a swastika. Today’s decision may set a precedent for those wanting to enjoy having tattoos without fear, so long as it is not linked to criminal gangs,” he said
Lawyer Audrey Wee also appeared for Suresh. - FMT

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