March hearing for govt’s appeal in Khairuddin’s Sosma suit

The government is appealing a High Court decision last year which found that Khairuddin Abu Hassan had been unlawfully detained eight years ago.

PUTRAJAYA: The Court of Appeal has fixed March 4 next year to hear the government’s appeal from a RM300,000 award of damages to 1MDB critic Khairuddin Abu Hassan.

The damages were awarded after the High Court held last year that Khairuddin had been unlawfully detained under the Security Offences (Special Measures) Act, or Sosma, eight years ago.

Lawyers Haniff Khatri Abdulla told reporters that the new hearing date was fixed during a case management today.

The High Court found that Khairuddin was first arrested on Sept 18, 2015, for allegedly attempting to commit activities detrimental to parliamentary democracy, a criminal offence under Section 124C of the Penal Code.

The arrest followed a police report lodged by an individual known as “Mohd Faizal”.

Justice Quay Chew Soon said there was no material before the court that justified the arrest.

Khairuddin was later rearrested outside the Jalan Duta courts six days later on allegations of attempting to sabotage the country’s banking and financial system.

He was released on bail on Nov 18 that year after another court held that the charge under Section 124C of the Penal Code did not fall under the purview of Sosma.

The court, however, dismissed Khairuddin’s claim for malicious prosecution, saying the court was not convinced that the government and police had acted maliciously when charging Khairuddin and lawyer Matthias Chang on Oct 12, 2015.

Earlier today, Justice S Nantha Balan requested both Khairuddin’s lawyers and senior federal counsel Andi Razalijaya A Dadi to put in additional submissions to address the malicious prosecution issue.

Also on the panel were Justices Nazlan Ghazali and Choo Kah Sing.

Nantha also called for Khairuddin to be present at the hearing of the appeal.

“This is a deprivation of his fundamental liberty. So it is better for him to sit in open court (to hear the appeal),” he added.

Khairuddin also filed a cross-appeal to enhance the RM300,000 quantum awarded.

He filed the suit in May 2018 naming then Bukit Aman officers Wan Aeidil Wan Abdullah and Muniandy Chelliah, former Dang Wangi deputy police chief Habibi Majinji and former inspector-general of police Khalid Abu Bakar as defendants.

Also named in the suit were deputy public prosecutor Masri Daud, former senior federal counsel Awang Armadajaya Awang Mahmud, former attorney-general Apandi Ali and the government.

Khairuddin, a former Batu Kawan Umno division deputy chief, alleged that the police action against him was conducted with malicious intent, violated his right to freedom and tarnished his reputation and image as a politician.