The court was bound by Section 13 of the Security Offences (Special Measures) Act 2012 or Sosma that disallowed bail.
KUALA LUMPUR: Sacked Umno Batu Kawan deputy divisional chief Khairuddin Abu Hassan and senior lawyer Matthias Chang were denied bail on Tuesday pending their charge review hearing at the apex court next month.
Justice Azman Husin said that the court was bound by Section 13 of Security Offences (Special Measures) Act 2012 or Sosma that disallowed bail.
The High Court set November 5 as the next mention date pending the outcome of the Federal Court review on November 3.
“Let the Federal Court decide if the charge under section 124L of the Penal Code for attempting ‘sabotage’ falls within Sosma or otherwise,” said Justice Azman. He added that he “hopes for the best”.
Chang and Khairuddin, standing in the dock, were earlier seeking for the court to use its’ discretion to let them out on bail. “I beg your indulgence that we should be out on bail, as the offence charged against us has yet to be determined,” Chang said.
The duo’s lawyer Zainur Zakaria also pointed out their passports have been impounded.
“There is no way they can run,” he said.
Khairuddin and Chang were charged on October 12 at the Magistrate’s Court for “sabotaging the banking and financial services” of Malaysia under section 124L of the Penal Code for sabotage, read together with section 34.
They were said to have committed the “act” in various countries such as France, England, Switzerland, Hong Kong and Singapore between June 28 and August 26.
On October 19, the same High Court referred three questions on constitutionality relating to whether the charge against the duo for attempting “sabotage” falls within the jurisdiction of Sosma.
Last Friday, the Federal Court fixed November 3 to hear the three constitutionality questions.
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