KUALA LUMPUR: The High Court here has fixed Aug 24 to deliver its decision on 1MDB critic Khairuddin Abu Hassan’s suit against the government for his “unlawful arrest” under the Security Offences (Special Measures) Act, or Sosma, in 2015.
Judge Quay Chew Soon fixed the date after the government, which is among the defendants, wrapped up its case today.
The government was represented by senior federal counsel Andi Razalijaya A Dadi, who said he intended to call former investigating officer Muniandy Chelliah to testify today but he could not come to court because of health reasons.
Quay then instructed Khairuddin’s lawyers and the government to file their submissions before July 13.
“I will fix Aug 24 for (the) decision,” he said, adding that the proceedings will be conducted virtually.
Earlier, the court heard testimony from deputy public prosecutor Masri Daud, who previously handled Khairuddin and his then lawyer Matthias Chang’s case when it was first brought before the magistrates’ court on Oct 12, 2015.
Khairuddin and Chang had been charged with allegedly attempting to sabotage the country’s economy and were detained under Sosma.
They were released on bail after the court held that their charge under Section 124L of the Penal Code was not under Sosma.
They were freed from the charge on May 12, 2017 after the prosecution decided to drop the case.
During cross-examination today, Khairuddin’s lawyer, Haniff Khatri Abdulla, asked whether Masri was involved in the decision-making process to charge Khairuddin and Chang, to which the witness said he was instructed by then deputy solicitor-general Tun Abdul Majid Tun Hamzah to sign the charges and appear in court.
Haniff: So, the person who can assist the court in telling us how they arrived at a decision to charge them would be Tun Majid?
Masri: Yes.
Haniff: When the case was withdrawn in 2017, were you involved (in deciding to drop the charge)?
Masri: No. I don’t know who made the decision (to withdraw the charge) as I had been transferred.
Haniff then pointed out that the subject matter of Khairuddin and Chang’s charge was five police reports that Khairuddin lodged in Paris, London, Zurich, Hong Kong and Singapore, where it was alleged that the action of lodging police reports was an “attempt” to sabotage Malaysia’s economic system.
“Were the five police reports included in your IPs (investigation papers)?” Haniff asked.
Masri replied that he was unsure.
The lawyer then asked Masri if any witness statements were recorded from any financial or banking expert to support claims that Khairuddin and Chang had sabotaged the country’s economy.
Masri said he was unaware if the police had done so.
“I am putting my case to you – do you agree that the prosecution against my client was malicious and it was done based on ‘instructions from above’?” Haniff asked.
In response, Masri said he did not know about the so-called “instructions from above”.
In May 2018, Khairuddin filed a suit against Bukit Aman officers Wan Aeidil Wan Abdullah and Muniandy; then Dang Wangi deputy police chief Habibi Majinji; and then inspector-general of police Khalid Abu Bakar, seeking damages for unlawful detention.
Also named in the suit were Masri, former senior federal counsel Awang Armadajaya Awang Mahmud, Apandi and the government.
Khairuddin said he was detained on Sept 18, 2015 under Section 124C of the Penal Code for alleged involvement in activities detrimental to parliamentary democracy.
After being released, he was rearrested under Sosma on Sept 23 and kept in detention before being charged on Oct 12 that year for allegedly attempting to sabotage the country’s banking and financial services.
Khairuddin, a former Batu Kawan Umno division deputy chief, alleged that the police actions against him were conducted with malicious intent, violated his right to freedom and tarnished his reputation and image as a politician. - FMT
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