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

Bar, Zaid, Khairuddin lose case against AG ‘failing to prosecute’ Najib

Source: FMT News 

PUTRAJAYA: The 18-month battle by the Malaysian Bar and two government critics to review the prosecutorial power of the attorney-general (AG) in refusing to frame charges agains Prime Minister Najib Razak over the RM2.6 billion donation has come to an end.

The Federal Court, in dismissing their leave applications, today affirmed the findings of the High Court last year that the A-G’s discretion could not be questioned.

A three-man bench chaired by Chief Justice Raus Sharif said the issue was settled following a series of past cases. Read more

CJ declines to recuse himself in historic application by Bar, two others

Source: FMT News 

PUTRAJAYA: No one in Malaysia’s legal history has ever applied for a chief justice to recuse himself from hearing a case – until today.

The Malaysian Bar and two government critics today applied to disqualify Chief Justice Raus Sharif from hearing their leave applications in their case against the attorney-general’s failure to prosecute Prime Minister Najib Razak over the RM2.6 billion donation.

However, the three-man bench of the Federal Court, chaired by Raus himself, dismissed the application, saying there was no merit to the case.

“However, rest assured that any decision will be made with two others based on facts and law,” he told lawyers for the applicants.

Others on the bench were justices Ahmad Maarop and Azahar Mohamed. Read more

Zaid to appeal court ruling on RM2.6 billion ‘donation’

Source: FMT News

Pic taken from FMT News

Pic taken from FMT News

PETALING JAYA: Former de facto law minister Zaid Ibrahim has joined two others to appeal against the refusal of the High Court to grant him leave to initiate judicial review on a RM2.6 billion “donation” case.

His counsel Americk Sidhu said his client had changed his mind and filed the notice of appeal before the 30-day deadline expired last month.

“The Court of Appeal has fixed the case management for sometime this week,” Americk said.

On Nov 11, Justice Hanipah Farikullah denied leave to Zaid, the Bar Council and former Batu Kawan Umno deputy chief Khairuddin Abu Hassan.

A disappointed Zaid told reporters then that he would not appeal.

“There are things we don’t want to do,” he had said at the time. Read more

High Court throws out bids to challenge AG’s ruling not to prosecute PM

Source: The Malay Mail Online

The High Court rejected the leave applications to challenge the AG's decision filed by Datuk Zaid Ibrahim, Datuk Seri Khairuddin Abu Hassan and the Malaysian Bar. — Picture by Yusof Mat Isa

The High Court rejected the leave applications to challenge the AG’s decision filed by Datuk Zaid Ibrahim, Datuk Seri Khairuddin Abu Hassan and the Malaysian Bar. — Picture by Yusof Mat Isa

KUALA LUMPUR, Nov 11 — The High Court today dismissed three leave applications for a judicial review to challenge the Attorney-General’s decision to close investigations on the transfer of a RM2.6 billion donation and funds from SRC International Sdn Bhd to Prime Minister Datuk Seri Najib Razak’s account and not to prosecute him over the issue.

Judge Datuk Hanipah Farikullah rejected the leave applications to challenge Tan Sri Mohamed Apandi Ali’s decision filed by former Minister in the Prime Minister’s Department Datuk Zaid Ibrahim, former Batu Kawan Umno vice head Datuk Seri Khairuddin Abu Hassan and the Malaysian Bar.

Senior Federal Counsel Datuk Amarjeet Singh told reporters that the judge, who made the decision in chambers, ruled that the AG had absolute discretion under Article 145 of Federal Constitution on prosecution and that the court had no jurisdiction to hear the matter.

“The court has no jurisdiction on such matters and the court accepted the AG’s explanation in his affidavit that the decision to close the file was an administrative decision.

“Therefore, the MACC (Malaysian Anti-Corruption Commission) is free to open and investigate on new evidence and facts received by them on the issue of the donation and SRC,” he said. Read more

Appeals related to Khairuddin, Chang’s sabotage case

Source: The Malay Mail Online

PUTRAJAYA, Aug 18 ― The Court of Appeal has fixed November 2 to hear two appeals relating to a charge faced by former Batu Kawan Umno division vice-chief Datuk Seri Khairuddin Abu Hassan and lawyer Matthias Chang for attempting to sabotage the country’s banking and financial services.

The court’s deputy registrar Fatin Khazin set the date when the case came up before her for case management in chambers today.

Khairuddin’s lawyer Zainal Narudin, who was present during the proceeding, said one of the appeals was the prosecution’s appeal on a High Court order of releasing both Khairuddin and Chang on bail.

The other is Khairuddin’s appeal on the validity of Section 50 (3) of the Courts of Judicature Act 1964 which allows the prosecution to appeal to the Court of Appeal without obtaining leave.

Zainal said the Court of Appeal would tomorrow hear Khairuddin’s appeal over a High Court’s dismissal of his bid to strike out his sabotage charge which he (Khairuddin) had applied for on grounds the Attorney-General Tan Sri Mohamed Apandi Ali did not have the authority as attorney-general when he instituted the charge against Khairuddin.

Also present at the case management proceeding were lawyer Mohd Akmal Afiq Mohamad for Chang and deputy public prosecutor Dhiya Syazwani Izyan Mohd Akhir for the prosecution.

Khairuddin, 54, and Chang, 66, were charged under the Security Offences (Special Measures) Act 2012 (SOSMA), with attempting to sabotage Malaysia’s banking and financial services at five locations between June 28 and Aug 26 last year.

The locations were the office of the France Economic and Financial Crimes Division chief in Paris; Charing Cross police station, London, United Kingdom; office of the Switzerland Attorney-General in Bern; Wan Chai police station, Hongkong; and Cantonment police headquarters, Singapore.

Both faces up to 15 years’ jail under Section 124L of the Penal Code, read together with Section 34, upon conviction.

On November 18, 2015, the High Court allowed Khairuddin and Chang to be released on bail of RM10,000 each in one surety and ordered them to surrender their passports to the court.

The two were released on bail after the High Court ruled that the charge they faced was not a security offence and it did not fall under SOSMA. Offences under SOSMA are non-bailable. ― Bernama

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.  Read more

Court upholds sabotage charge against 1MDB critic

Source: The Malay Mail Online

Datuk Khairuddin Abu Hassan, formerly from Umno, and his lawyer Matthias Chang were charged on October 12 with attempting to sabotage the country’s economy, financial and banking system after lodging reports against 1MDB with foreign authorities. ― Picture by Yusof Mat Isa

KUALA LUMPUR, April 13 — A High Court today rejected an application by Datuk Khairuddin Hassan to set aside the criminal charges against him for lodging reports abroad against 1Malaysia Development Berhad (1MDB).

High Court judge Datuk Nordin Hassan in his ruling said the court had no jurisdiction to decide on matters pertaining to the appointment of Attorney-General (AG) Tan Sri Mohamed Apandi Ali, which Khairuddin had raised in his application.

The judge pointed out to the court that the AG’s appointment is the decision of the Yang di-Pertuan Agong.

“In line with that, seeing as the application was about the appointment (of the AG), the preliminary objection is allowed,” Nordin said, referring to objections raised by the public prosecutor against Khairuddin’s application.

“The application is rejected,” the judge added. Read more

Hearing of AGC’s objection to Khairuddin’s bid to set aside economic sabotage charge [Updated]

April 13 for hearing of objection to Khairuddin bid to strike out charge

Source: NST Online

Khairuddin Abu Hassan has filed a legal bid to quash his charge of attempting to sabotage the nation's economy . Pic by Yazit Razali

Khairuddin Abu Hassan has filed a legal bid to quash his charge of attempting to sabotage the nation’s economy . Pic by Yazit Razali

KUALA LUMPUR, 15 Feb 2016: The High Court set April 13 to hear the Attorney-General’s Chamber’s objection to a bid by former Batu Kawan Umno division vice-chairman Datuk Seri Khairuddin Abu Hassan to set aside his charge of attempting to sabotage the nation’s economy.

Khairuddin’s counsel Mohamed Haniff Khatri Abdulla confirmed that deputy registrar Noor Aini Yusof fixed the date during case management in her chambers today.

Haniff said the prosecution – represented by deputy public prosecutors Mohamad Abazafree Mohd Abbas and Mohd Masri Daud – will be filing the notice of objection in the next two weeks. Haniff added that the court directed parties to file submissions (court papers) by April 6.

Khairuddin, through the setting-aside application filed on Feb 3, claimed that the charge was defective because it was signed by Attorney-General (AG) Tan Sri Mohamed Apandi Ali, whose validity of appointment the applicant (Khairuddin) disputed.

Khairuddin, 54, claimed that Apandi’s appointment to replace then AG Tan Sri Abdul Gani Patail was illegal and contrary to the requirements of Article 145(6) of the Federal Constitution.

On Oct 12 last year at the magistrate’s court here, Khairuddin and lawyer Matthias Chang Wen Chieh, 65, claimed trial to trying to sabotage Malaysia’s banking and financial industry. Khairuddin and Chang allegedly committed the offence in France, the United Kingdom, Switzerland, Hong Kong (China) and Singapore between June 28 and Aug 26 last year.

Both of them face a maximum of 15 years’ jail if found guilty under Section 124L of the Penal Code.

Related Articles

[1] Khairuddin bid to set aside economic sabotage charge [3 Feb 2016]
[2] Court upholds sabotage charge against 1MDB critic [13 Apr 2016]

Khairuddin bid to set aside economic sabotage charge

Source: NST Online

Khairuddin Abu Hassan has filed a legal bid to quash his charge of attempting to sabotage the nation's economy . Pic by Yazit Razali

Khairuddin Abu Hassan has filed a legal bid to quash his charge of attempting to sabotage the nation’s economy . Pic by Yazit Razali

KUALA LUMPUR, 3 Feb 2016: Former Batu Kawan Umno division vice-chairman Datuk Seri Khairuddin Abu Hassan has filed a legal bid to quash his charge of attempting to sabotage the nation’s economy.

Khairuddin, through his counsel Fahmi Abd Moin, filed the application at the Kuala Lumpur High Court Registry at 9.30am this morning.

Khairuddin, 54, claimed that the charge was defective because it was greenlighted by Attorney-General (AG) Tan Sri Mohamed Apandi Ali, whose validity of appointment the applicant (Khairuddin) disputed. Read more