Khairuddin, Chang ordered to file motion on bail at High Court

The Court of Appeal has sent the case of 1MDB critics Khairuddin Abu Hassan and his lawyer Matthias Chang over the granting of their bail under the Security Offences (Special Measures) Act (Sosma) back to the High Court.

This, said the three-panel judge headed by Justice Tengku Maimun Tuan Mat, was because the notice of appeal by the prosecution was filed at the High Court in Kuala Lumpur.

The prosecution had earlier raised a preliminary objection against the notice of motion on the basis that the court of appeal does not have jurisdiction to hear the notice of motion as a separate one from the appeal.

Responding to the defence team’s oral application, the court however allowed the stay of appeal so that the notice of motion can be similarly filed at the High Court.

Speaking to reporters later, Khairuddin's lawyer Mohamed Haniff Khatri Abdulla said the notice of motion will be filed at the High Court in Kuala Lumpur "as soon as possible".

Explaining his arguments made earlier, Haniff pointed out how the prosecution’s notice of appeal was filed without leave.

Haniff stressed that a leave for appeal must be applied first as opposed to simply filing a notice of appeal.

“What we are saying is that it's unfair, there's inequality between the prosecution and the accused. The prosecution can appeal without leave but we cannot, we have to file for leave,” he said.

Had the defence been successful in getting the notice of motion to be heard, this would mean that the notice of appeal filed by the prosecution was invalid, he added.

On Nov 18, Justice Mohd Azman Husin ruled that the charge against Khairuddin and Chang, of allegedly sabotaging the financial system of the country by lodging reports in five countries - Switzerland, United States, United Kingdom, Hong Kong and Singapore -does not fall under Sosma.

The judge held that financial services do not come within the ambit of Article 149 (1) of the Federal Constitution. The two were allowed bail of RM10,000 each and their passports were surrendered to court. -Mkini