Court sets April 13 to hear preliminary objections in Khairuddin’s sabotage case

KUALA LUMPUR: The high court has set April 13 to hear the prosecution’s preliminary objections in former Batu Kawan Umno vice chief Datuk Seri Khairuddin Abu Hassan’s application to quash the charge against him.

Khairuddin’s lawyer, Mohamed Haniff Khatri Abdulla told reporters that deputy registrar Noor Aini Yusof fixed the date today in chambers; deputy public prosecutor Masri Mohd Daud and Mohamad Abazafree Mohd Abbas appeared for the prosecution.

Mohamed Haniff said the court also ordered the two parties to file their written submissions on or before April 6.

On Oct 12, 2015, Khairuddin, 54, was charged jointly with lawyer Matthias Chang Wen Chieh, 66, with attempting to sabotage the country’s banking and financial services at five locations, between June 28 and Aug 26, 2015.

They allegedly committed the offences at 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; WaiChan police station, Hongkong; and Cantonment police headquarters, Singapore.

The charge under Section 124L of the Penal Code and read with Section 34 of the same Code, carries a maximum 15 years’ jail on conviction.

On Nov 18, 2015, the High Court ruled that provisions in the Security Offences (Special Measures) Act 2012, which does not provide for bail, should not be applied on the two accused.

The court held that parliament never intended section 124L of the Penal Code to be a security offence, and released the duo on RM10,000 bail with one surety, each. On Feb 3 this year, Khairuddin filed the application to drop the charge against him, naming the prosecution as respondent.

In his notice of motion, he claimed that based on Article 145 of the Federal Constitution, Attorney-General Tan Sri Mohamed Apandi Ali had no authority to move the charge against him.

He gave the grounds that Mohamed Apandi’s appointment as attorney general at the time, to replace Tan Sri Abdul Ghani Patail, was contrary to provisions in the country’s constitution.