Use of Sosma is abuse of law, lawyers say over detention of 1MDB critic

Padang Serai MP and lawyer N. Surendran says detention without trial laws will inevitably be abused. – The Malaysian Insider file pic, September 24, 2015.

Using the Security Offences (Special Measures) Act (Sosma) 2012 in a case involving alleged financial scandal is a clear abuse of the law, lawyers said of the preventive detention of sacked Umno member Datuk Seri Khairuddin Abu Hassan under the act.

This was the reason members of Parliament, civil society groups and lawyers have been constantly speaking out against detention without trial, they added.

Padang Serai MP N. Surendran added that what had happened to Khairuddin was why the opposition had always been against any kind of detention without trial and the no-bail provision, saying that it was open to abuse.

"We are now proven right.

"Inevitably, detention without trial laws will be abused, as in this case.

"Sosma was to deal with terrorism and violence against the state. Why is it being used against a person who is lodging reports on a financial scandal?" he asked.

Khairuddin, who has lodged multiple reports with foreign authorities to investigate debt-ridden government-owned investor 1Malaysia Development Bhd (1MDB), was rearrested yesterday under Sosma as he was leaving a courtroom at the Jalan Duta court complex after being released from remand.

He was first arrested last Friday under Section 124C of the Penal Code which deals with activities detrimental to parliamentary democracy.

His rearrest is under Sections 124K and 124L of the Penal Code, which deal with sabotage and attempting to sabotage the state respectively.

Lawyers for Liberty executive director Eric Paulsen (pic, right) agreed with Surendran, saying that they had always warned that the definition of "security offences" under Sosma was too broad and unclear.

Equally vague was the Penal Code section on "activity detrimental to parliamentary democracy", "sabotage" and others as offences.

Paulsen also said that Sosma had been put in place for the purpose of maintaining public order and security, pursuant to Article 149 of the Federal Constitution, which allowed its derogation from constitutional articles for the greater safety of the federation.

"Article 149 envisaged these measures to be temporary and operative against subversion and dangers to public order.

"So by using Sosma against someone like Khairuddin who has merely lodged police reports overseas surely must be a grave abuse of this very draconian act," he told The Malaysian Insider.

Lawyer New Sin Yew said that Kharuddin's arrest under Sosma was unlawful as it was within the law to lodge complaints with foreign law enforcement authorities.

He added that as such, the government was going back on its promise not to use detention without trial laws to stifle political dissent.

New said Sosma was meant to combat threats from militant and terrorist groups such as Abu Sayyaf, Jemaah Islamiah and Darul Islam, adding that this could be found in the Hansard when the act was tabled in 2012.

"To use it against Khairuddin is an abuse of the law.

"It seems that the government is frustrating the investigations by foreign law enforcement authorities," he said.

The wording in Section 4(3) of Sosma also states that "no person shall be arrested and detained under the section solely for his political belief or political activity".

"They are abusing and misusing Sosma, which makes the arrest unlawful. He should file a habeas corpus to challenge his detention," New told The Malaysian Insider.

Under Sosma, suspects can be detained for investigation for up to 29 days and can be denied bail after being charged.

Sosma also allows prosecutors to use secret witnesses to testify against the accused, and they do not have to tender exhibits.

Khairuddin (pic, left), the former Batu Kawan Umno division vice-chairman, was first arrested on Friday evening at his Mont Kiara home.

Inspector-General of Police Tan Sri Khalid Abu Bakar said Khairuddin was detained as his move to use foreign enforcement agencies to put pressure on Malaysia over the 1MDB issue could be deemed as an act of sabotage against the country.

Khairuddin first lodged a police report against the Finance Ministry-owned 1MDB in December last year, and was subsequently sacked from Umno after being declared a bankrupt.

He recently lodged reports with authorities in Hong Kong, Switzerland, France and the United Kingdom against the troubled firm, of which Prime Minister Datuk Seri Najib Razak is advisory board chairman.

- TMI