1MDB critics’ lawyers to cite A-G for contempt

Attorney-General Tan Sri Mohamed Apandi Ali says Section 124L of the Penal Code on attempted sabotage of the economy is a security offence under Sosma, but lawyers for the duo detained under the act say the matter is still pending in court. – The Malaysian Insider file pic, October 19, 2015.

Lawyers for a sacked Umno leader and his lawyer charged with attempting to sabotage the economy today informed the High Court of plans to cite Attorney-General (A-G) Tan Sri Mohamed Apandi Ali for contempt of court.

Lawyer Mohamed Haniff Khatri Abdulla said the A-G had touched on a matter that was still before the courts concerning the Penal Code charge against Datuk Khairuddin Abu Hassan and Matthias Chang, and questioned if the charge rightfully fell under the ambit of the Security Offences (‎Special Measures) Act 2012 (Sosma).

Apandi on October 13 had explained Section 124L of the Penal Code on attempted sabotage of the economy was a security offence under Sosma.

But Haniff said the issue had already been brought to the court for argument.

Khairuddin and Chang are seeking a review of their charge and whether Khairuddin's actions of lodging reports with overseas investigators against 1Malaysia Development Bhd (1MDB) can be considered a security offence.

Haniff today told the court that his clients had filed a review application at 10.30am on October 13.

The notice was also served to the Attorney-General's Chambers on the same day around noon.

"However, the A-G called for a press conference at 2.30pm," he said.‎

‎Hanif said a proper application would be made in due course.

Apandi, who read a prepared media release‎, told the press that attempt to sabotage the national banking and financial services amounted to a security offence under Sosma.

"The Attorney-General's Chambers wishes to clarify that Sosma is a procedural law that provides special measures to facilitate investigations and prosecution for what is known as security offences," Apandi had said.

He said these offences were listed in Chapter VI of the Penal Code (offences against the state) and Chapter VIA of the Penal Code (offences relating to terrorism).

The charge against Khairuddin and Chang under Section 124L of the Penal Code is also listed as an offence, while Section 130A of the Penal Code defined the term sabotage to mean an act or omission intending to cause harm, among others, to the maintenance of “essential services”. The term “essential services” was defined to include banking and financial services.

Khairuddin and Chang had filed an application for a review of their charges and whether they can be considered as security offences.

Conviction carries a jail term of up to 15 years.

- TMI