The Court of Appeal has fixed July 13 to hear the Malaysian authorities’ appeal to quash a ruling for them to pay RM300,000 compensation to Khairuddin Abu Hassan over his 62-detention linked to the 1MDB affair.
The hearing is also for an appeal by Khairuddin (above), a stalwart of former prime minister Dr Mahathir Mohamad, to secure higher damages than the one awarded by the Kuala Lumpur High Court over the 2015 detention.
The government’s legal representative, senior federal counsel Andi Razalijaya A Dadi, said that the hearing date was fixed during case management of the appeal before the Court of Appeal registry this morning.
Checks on the online cause list showed that the Court of Appeal has also set July 13 to jointly hear Khairuddin’s appeal for increased compensation.
On Aug 24 last year, the High Court allowed the civil action by Khairuddin, who lodged multiple police reports over 1MDB in 2015.
Judicial commissioner Quay Chew Soon ordered the government to pay not only RM300,000 in compensation but also RM50,000 in costs to Khairuddin.
On May 4, 2018, Khairuddin filed an RM8.83 million suit for wrongful detention under the Security Offences (Special Measures) Act 2012.
The defendants targeted by the lawsuit are investigating officers in his case, Wan Aeidil Wan Abdullah, M Chelliah and Habibi Majinji; former inspector-general of police Khalid Abu Bakar; deputy public prosecutors Masri Mohd Daud and Awang Armadajaya Awang Mahmud; former attorney-general Mohamed Apandi Ali; and the government.
In 2015 during the BN administration under then-premier Najib Abdul Razak, Khairuddin made numerous reports in the country and overseas over the losses suffered by 1MDB.
He was detained under Section 124C of the Penal Code on Sept 18, 2015, and upon his release on Sept 23, was rearrested under Sosma and charged under Section 124L of the Act on Oct 12, for alleged sabotage of financial institutions.
However, on May 12, 2017, the Kuala Lumpur Sessions Court acquitted the former Batu Kawan Umno division leader of the criminal charge.
In allowing Khairuddin’s civil suit, Quay ruled that the various police reports lodged by Khairuddin do not warrant his arrest for investigation under Section 124C, which deals with the offence of involvement in activity that is detrimental to parliamentary democracy.
Quay ruled that Khairuddin’s later detention under Sosma for 56 days was also unlawful because an offence under Section 124L is not one that warrants detention under Sosma.
The judicial commissioner however did not allow the malicious prosecution portion of Khairuddin’s civil action, ruling that the plaintiff failed to prove the defendants had malice in the matter.
Najib also used to be finance minister, chairperson of 1MDB’s board of advisors and advisor emeritus of the Malaysian sovereign wealth fund’s former subsidiary, SRC International.
SRC later became fully owned by the Minister of Finance Incorporated (MOF Inc). MOF Inc also fully owned 1MDB.
He is currently serving a 12-year jail sentence at Kajang Prison over seven charges involving abuse of power, criminal breach of trust and money laundering involving RM42 million of funds from SRC. - Mkini
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