Court to hear Khairuddin’s habeas corpus on October 13

Datuk Seri Khairuddin Abu Hassan is currently detained under Sosma over his reports abroad on the 1MDB scandal. – The Malaysian Insider file pic, October 2, 2015.

The Kuala Lumpur High Court has set October 13 to hear a habeas corpus application by former Batu Kawan Umno vice-leader Datuk Seri Khairuddin Abu Hassan, to challenge his detention under the Security Offences (Special Measures) Act 2012, or Sosma.

Judge Kamardin Hashim fixed the date when the case came up for mention before him.

Khairuddin's lawyer, Hanif Kathri Abdulla, requested the court to expedite hearing of the application on grounds that Khairuddin's detention would expire on October 21.

He said Khairuddin, 53, was detained under Sosma for 28 days and the habeas corpus application would become academic if it was to be heard after the  detention period had ended.

However, deputy public prosecutor Datuk Mohd Hanafiah Zakaria said the prosecution would need a month to reply to Khairuddin's affidavit.

Hanafiah said he would also need verification from Bank Negara governor Tan Sri Dr Zeti Akhtar Aziz over issues raised by Khairuddin on 1Malaysia Development Berhad (1MDB).

"We have been informed by officers from Bank Negara that Tan Sri Zeti is overseas to attend a meeting at the World Bank and they are not certain when she will be back.

"So, we need a month for Tan Sri Zeti to verify the affidavit in reply," he added.

Kamardin said if Zeti was not available to verify the affidavit, then her deputy could do so, and set October 13 to hear Khairuddin's habeas corpus application.

Khairuddin filed the habeas corpus application on September 28 and the respondents named were Dang Wangi deputy police chief Habibi Majinji, the Dang Wangi district police chief, the inspector-general of police and the government.

In the application, Khairuddin sought a court order that his detention via a notice under Section 4(5) of Sosma, dated September 24 which was issued by Habibi and carried out under the supervision of the Dang Wangi police chief at the Dang Wangi District Police Headquarters, Kuala Lumpur, is not valid and null and void.

He also applying for a writ of habeas corpus to be issued by the court so that he is freed immediately from detention, as well as other relief deemed just and appropriate by the court.

Khairuddin submitted the application on the contention that his detention did not comply with the provisions of Sosma, was malicious and mala fide and an afterthought by the respondents.

The husband to actress Umie Aida claimed that his detention was an abuse of the legal process for wrongly using Sosma when his actions were not at all related to terrorist activities.

Khairuddin was rearrested under Sosma on September 23 at the Jalan Duta Court Complex after his remand order under Section 124C of the Penal Code expired.

Prior to that, Khairuddin had been remanded since September 19 under Section 124C of the Penal Code for trying to carry out activities deemed detrimental to parliamentary democracy. – Bernama