©The New Straits Times (Used by permission)
BY SHANTI GUNARATNAM
KUALA LUMPUR: The High Court dismissed a bid by former Batu Kawan Umno vice–chief Datuk Seri Khairuddin Abu Hassan to declare as invalid Section 50(3) of the Courts of Judicature Act 1964.
Judge Datuk Paduka Azman Abdullah today made the ruling over the application related to Khairuddin and co–accused Matthias Chang's charge of attempted sabotage of Malaysia's banking and financial institutions.
Khairuddin had sought a court declaration that Section 50(3), which permits the Public Prosecutor to appeal without the need to obtain leave from the Court of Appeal, was unconstitutional.
The application was part of Khairuddin's attempt to halt the prosecution's appeal against a High Court order on Nov 18, last year, which allowed him and Chang be released on bail over their economic sabotage attempt case.
The High Court then had ruled that the charge the duo faced was not a security offence governed by the provisions of the Securities Offences (Special Measures) Act 2012 (SOSMA).
Those charged with SOSMA–linked offences are not allowed bail. The prosecution's appeal against their release on bail is pending at the Court of Appeal.
Azman fixed Aug 29 for mention. Deputy public prosecutor Awang Armadajaya Awang Mahmud and Mohd Abazafree Mohd Abbas prosecuted while lawyer Mohamed Haniff Khatri Abdulla appeared for Khairuddin.
Khairuddin and Chang, who is a lawyer, were alleged to have committed the offence in five countries – France, the United Kingdom, Switzerland, Hong Kong (China) and Singapore – between June 28 and Aug 26, last year.
They were charged on Oct 12, last year.
If found guilty, both men could be jailed up to 15 years under Section 124L of the Penal Code, read together with Section 34 of the same Code.