Appellate court bins Khairuddin’s bid to dismiss sabotage charge


Source: The Malay Mail Online

Datuk Seri Khairuddin Abu Hassan (left) was detained since September 23 under anti-terrorism law SOSMA after a global tour to solicit investigations by other countries into 1MDB. ― MMO File pic

Datuk Seri Khairuddin Abu Hassan (left) was detained under anti-terrorism law SOSMA after a global tour to solicit investigations by other countries into 1MDB. ― MMO File pic

PUTRAJAYA, Aug 26 ― A Court of Appeal has struck out former Batu Kawan Umno Division deputy chief Datuk Seri Khairuddin Abu Hassan’s bid to quash his financial sabotage attempt charge.

Court of Appeal President Tan Sri Md Raus Sharif, who led a three-man panel struck out Khairuddin’s appeal without hearing the appeal proper and the prosecution’s preliminary objection to the appeal.

Justice Raus questioned whether it was proper for Khairuddin to file the application in the first place when the High Court had issued a stay order to temporarily suspend his trial pending disposal of the prosecution’s appeal at the Court of Appeal.

The prosecution is appealing against a high court ruling that the charge faced by Khairuddin and lawyer Matthias Chang Wen Chieh was not a security offence and did not fall under Sosma Offences.

The case has been set for hearing at the Court of Appeal on November 14. 

Raus also said Khairuddin should not have filed his application by way of a criminal application and questioned whether it was the appropriate legal venue to challenge the validity of the charge.

Khairuddin in his criminal application is contending that Attorney-General Tan Sri Mohamed Apandi Ali had no authority then, to institute the charge against him.

The judge said the issue raised by Khairuddin in his application on the appointment of Mohamed Apandi as Attorney-General was a constitutional issue that should be decided by the Federal Court.

He said Khairuddin’s application was an abuse of the court process.

Justice Datuk Abdul Rahman Sebli and Datuk Zamani A. Rahim presided with Raus.

Khairuddin, 54, and Chang Wen Chieh, 66, are facing a charge of attempting to sabotage the country’s banking and financial services at five locations between June 28 and August 26, last year.

The charge under Section 124L of the Penal Code carries maximum imprisonment of 15 years upon conviction.

On November 18, 2015, the High Court granted bail to Khairuddin and Chang after ruling that the charge they are facing did not fall under Sosma.

Offences under Sosma are non-bailable.

Khairuddin filed his application to strike out his charge at the High Court but lost the case on April 13, this year.

Khairuddin was represented by a team of lawyers led by Mohamed Haniff Khatri Abdulla while the prosecution, by deputy public prosecutor Awang Armadajaya Awang Mahmud and Zhafran Rahim Hamzah. ― Bernama