Khairuddin sues Rosmah to return jewellery to 1MDB

Source: FMT News

The vocal 1MDB critic says jewellery was a gift to the PM’s wife in March 2014, which she has knowledge of.

KUALA LUMPUR: 1MDB critic Khairuddin Abu Hassan has filed a suit seeking that the High Court order the prime minister’s wife, Rosmah Mansor, to return a 22-carat pink diamond set in a necklace to the sovereign wealth fund.

The former Umno leader, who was sacked from the party two years ago, also wants businessman Low Taek Jho to pay 1MDB all the money allegedly misappropriated from the company.

Khairuddin said he was initiating the suit as no other individual was bringing any action to recover the jewellery and enforce the law.

“The taxpayers will benefit through the recovery of the jewellery because they are the ultimate paymasters of 1MDB debts,” he claimed.

He also wants Rosmah and the businessman, better known as Jho Low, to compensate 1MDB for the alleged misappropriation and use of the jewellery and repay any money due to the company. Read more

Lawyer: MP’s suit against Pandikar to uphold Parliament’s dignity

Source: FMT News

PETALING JAYA: Lawyer N Surendran has taken Azalina Othman Said to task for criticising a PKR MP who filed a suit against the Dewan Rakyat speaker over the rejection of questions related to 1MDB.

Surendran said it was “shocking and without precedent” for the minister to have lashed out at Petaling Jaya Selatan MP Hee Loy Sian, as the right of access to courts and justice is guaranteed under the Federal Constitution.

“Far from undermining Parliament as alleged by Azalina, Hee’s legal action is intended to uphold the dignity and role of Parliament, which is to scrutinise the actions of the executive.

“The rejection of the 1MDB questions was unconstitutional and undermined the proper functioning of Parliament,” he said in a statement today.

Yesterday, Azalina who is a minister in the Prime Minister’s Department, said Hee’s action had tarnished the good name of the Dewan Rakyat. Read more

MP takes Pandikar to court for rejecting 1MDB questions

Source: FMT News

KUALA LUMPUR: Petaling Jaya Selatan MP Hee Loy Sian has filed a lawsuit against Dewan Rakyat Speaker Pandikar Amin Mulia and the House secretary over the rejection of his questions related to 1MDB.

The PKR lawmaker is seeking a court declaration that Pandikar’s decision to reject his questions related to 1MDB dated July 21, be made null and void.

Hee had requested to ask the government whether it had raised any objection on the United States Department of Justice’s (DoJ) forfeiture suit. He also wanted to know the whereabouts of businessman Low Taek Jho (Jho Low) as well as the status of Jho Low’s citizenship as he was alleged to have more than one.

He claimed Pandikar’s action in rejecting his questions on 1MDB had breached his constitutional rights and the rights to free speech in the Dewan Rakyat. Read more

Zaid: Denial of leave to question AG ‘greatest travesty’

Source: FMT News

PETALING JAYA: Zaid Ibrahim says the decision of the Federal Court to deny him leave to challenge the discretion of Attorney-General Mohamed Apandi Ali in not prosecuting Prime Minister Najib Razak over the RM2.6 billion donation was the “greatest travesty of them all”.

The former defacto law minister also took issue with the three-man bench led by Chief Justice Raus Sharif.

“All I was asking for was leave (that is, the permission of the court) to start an action against the attorney-general. I don’t have to prove anything at this stage, as I just need to show there are serious questions to be considered.

“The threshold is low and generally, all over the world, leave will be granted without much fuss. Yet, I could not even pass the gate,” Zaid said, questioning the rationale for the decision. Read more

1MDB critics out on bail as court rules against SOSMA use

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 since September 23, 2015 under anti-terrorism law SOSMA after a global tour to solicit investigations by other countries into 1MDB. His lawyer Matthias Chang was detained later on October 8, 2015 under the same law ― MMO File pic

KUALA LUMPUR, Nov 18 ― The High Court here today found that the sabotage charge against two critics of 1Malaysia Development Bhd (1MDB) did not fall under the purview of the Security Offences (Special Measures) Act 2012 (SOSMA).

Judge Datuk Mohd Azman Husin said that the security law was passed without the intention to include cases on banking and financial services, and granted former Umno leader Datuk Seri Khairuddin Abu Hassan and lawyer Matthias Chang bail at RM10,000 each with a single surety.

Khairudin’s lawyer, Mohd Haniff Khatri Abdulla, said that he expected the deputy public prosecutor to file an appeal but was glad for the decision today.

“What is most important right now is that both Datuk Khairuddin and Matthias Chang have been released today on bail,” he told reporters here. Read more

Action against Nik Nazmi needed for final ruling on PAA, says A-G

Source: The Star Online

PETALING JAYA: Attorney-General Tan Sri Mohamed Apandi Ali says he is not out to get PKR youth chief Nik Nazmi Nik Ahmad, despite charging him three times under the Peaceful Assembly Act.

In an interview with The Malaysian Insider, Apandi said that Nik Nazmi was charged a third time to allow the Federal Court to make a final ruling on the law that requires organisers of a demonstration to provide the police with a 10-day notice.

“I want a determination by the highest court of the country, which is good for everybody,” Apandi told the news portal.

“As far as the administration of criminal justice is concerned, when the highest court so pronounces (it), it is the law. Whether you agree or disagree, (it) doesn’t make any difference.” Read more

Putrajaya enggan jawab alasan guna Sosma tahan Khairuddin, Matthias

Sumber: The Malaysian Insider

Menteri Dalam Negeri Datuk Seri Nancy Shukry tidak menjawab pertanyaan penahanan bekas naib ketua Umno Bahagian Batu Kawan Datuk Seri Khairuddin Abu Hassan dan peguamnya Matthias Chang Wen Chieh mengikut Sosma walaupun berkali-kali didesak ahli Parlimen pembangkang semasa sesi penggulungan Bajet 2016. – Gambar fail The Malaysian Insider, 4 November, 2015.

Putrajaya hari ini enggan menjawab tindakan Akta Kesalahan Keselamatan (Langkah-langkah Khas) 2012 (Sosma) yang digunakan untuk menahan bekas naib ketua Umno Bahagian Batu Kawan Datuk Seri Khairuddin Abu Hassan dan peguam Matthias Chang Wen Chieh.

Menteri Dalam Negeri Datuk Seri Nancy Shukry tidak menjawab pertanyaan tersebut walaupun berkali-kali didesak ahli Parlimen pembangkang semasa sesi penggulungan Bajet 2016.

Tindakan Nancy tersebut menimbulkan kekecohan dalam dewan apabila Ahli Parlimen Puchong Gobind Singh Deo, Ahli Parlimen Pokok Sena Datuk Mahfuz Omar, Ahli Parlimen Sungai Petani Datuk Johari Abdul dan Ahli Parlimen Kapar S Manikavasagam.

Gobind mempertikaikan tindakan Nancy yang enggan menjawab soalan berkaitan dengan Sosma walaupun pada awalnya Menteri Dalam Negeri Datuk Seri Ahmad Zahid Hamidi menyuruh beliau bertanya soalan tersebut kepada Jabatan Perdana Menteri yang mengendalikan hal ehwal undang-undang. Read more

High court refers Khairuddin and Chang’s Sosma case to Apex Court

Source: TheSunDaily

Datuk Seri Khairuddin Abu Hassan and Matthias Chang, outside the magistrate’s court in Kuala Lumpur, after being charged with sabotaging the economy over their police reports on 1MDB. – The Malaysian Insider pic by Najjua Zulkefli, October 12, 2015.

KUALA LUMPUR: The High Court today has referred former Batu Kawan Umno division vice chief Datuk Seri Khairuddin Abu Hassan and lawyer Matthias Chang Wen Chieh’s case to the Federal Court to determine whether the charges they faced are triable under the Security Offences (Special Measures) Act 2012 (Sosma).

Judge Datuk Mohd Azman Husin said the court will forward three questions on constitutional issues to the Apex Court soon, among others, does the charge against the accused persons as tendered before this court under Section 124L of Penal Code, fall outside the constitutional ambit of Sosma?

“If the answer to the first question is in affirmative, do the accused persons have the right to be released on bail forthwith?

“If the answer to the first question is in negative, should the trial against the two accused, be conducted in the Sessions Court taking into account the sentencing provision under Section 124L of Penal Code?” he said.

The judge made the ruling after hearing submissions from defence lawyers Mohamed Hanif Khatri Abdulla and Zainur Zakaria and Deputy Public Prosecutor Mohd Masri Daud and Mohamad Abazafree Mohd Abbas. Read more

Zahid defends use of Sosma

Source: The Star Online

bars and handKUALA LUMPUR: Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi has defended the use of the Security Offences (Special Measures) Act (Sosma) 2012 on certain individuals as it facilitates investigations involving national security.

Zahid, who is also the Home Minister, said Sosma was a procedural law which allowed for the use of special measures to assist probes on any acts deemed a threat to national security.

“The offences can also be listed under Chapter 6 of the Penal Code that involves offences against the state and Chapter 6A, offences relating to terrorism,” he said in a reply to Datuk Shamsul Anuar Nasarah (BN-Lenggong) during question time on Monday.

Shamsul Anuar had asked the Home Ministry to respond to allegations that Sosma has been abused when arresting certain individuals, including Datuk Seri Khairuddin Abu Hassan.

Zahid also revealed a total of 123 individuals had been detained for links to suspected terrorism activities. Read more

Respect the rule of law and release Khairuddin and Matthias Chang — Steven Thiru

Source: The Malay Mail Online

steven thiru-icon prezOCTOBER 15 — The Malaysian Bar deplores the misuse of the Penal Code and the Security Offences (Special Measures) Act 2012 (“SOSMA”) by the authorities in the recent arrest, detention and prosecution of Dato’ Sri Khairuddin Abu Hassan (“Dato’ Sri Khairuddin”), and his lawyer, Matthias Chang, a Member of the Malaysian Bar.

Dato’ Sri Khairuddin and Matthias Chang were arrested and detained under SOSMA on 18 September 2015 and 8 October 2015, respectively. It is reported that they were being investigated under Section 124K (sabotage) and Section 124L (attempt to commit sabotage) of the Penal Code. Dato’ Sri Khairuddin filed a habeas corpus application, which was fixed for hearing on 13 October 2015. It was reported that Matthias Chang was about to file a habeas corpus application as well.

However, both men were charged on 12 October 2015 in the Magistrates’ Court, for the offence of attempting to commit sabotage under Section 124L of the Penal Code. It has been alleged that the act of sabotage is in relation to the lodging of reports about possible corrupt practices, with law enforcement agencies in five foreign countries — France, the United Kingdom, Switzerland, Hong Kong and Singapore — that was purportedly intended to be a conspiracy to cause harm to the banking and financial system of Malaysia. If convicted, they could be sentenced for up to 15 years in jail. Both men have applied to the High Court to challenge the prosecution against them.

Section 124L of the Penal Code is within Part VI of the Penal Code. Under SOSMA, all offences under Part VI and Part VIA of the Penal Code are considered security offences, triable in the High Court. Read more