PUTRAJAYA, Jil 15 – The Court of Appeal has set Aug 19 to hear the appeal by former Batu Kawan Umno Division deputy chief Datuk Seri Khairuddin Abu Hassan against a High Court’s dismissal of his application to strike out his sabotage charge. The hearing date was fixed by a three-member bench comprising Court of Appeal President Tan Sri Md Raus Sharif and Court of Appeal judges Datuk Wira Mohtarudin Baki and Datuk Seri Zakaria Sam.
Khairuddin, 54 and lawyer Matthias Chang Wen Chieh, 66 are facing a charge of attempting to sabotage the country’s banking and financial services, at five locations between June 28 and Aug 26, last year. Both of them face maximum 15 years’ jail if found guilty under Section 124L of the Penal Code.
Earlier in the proceedings today, Khairuddin’s lawyer Mohamed Haniff Khatri Abdulla withdrew the application for leave to appeal following the prosecution’s stand that the matter need not require to apply for leave. Justice Raus subsequently struck off the notice of motion for leave.
Section 50 (2) of the Courts of Judicature Act 1964 states that in matters arising from the subordinate courts, an appellant must first seek leave of the Court of Appeal before they could proceed with their appeal, which would be confined to determination of legal questions.
On April 13, this year, the Kuala Lumpur High Court dismissed Khairuddin’s bid to strike out his charge after it allowed the prosecution’s preliminary objection. Khairuddin sought to have his charge struck out on grounds that Attorney-General Tan Sri Mohamed Apandi Ali did not have authority as attorney-general when he instituted the charge against Khairuddin.
The High Court, however, ruled that it (the court) did not have the jurisdiction to determine the validity of the appointment of the Attorney-General as it came under the prerogative powers of the Yang di-Pertuan Agong on the advice of the Prime Minister, and thus was non-justiciable. Haniff Katri said that they had filed the notice of appeal in time but also took a precautionary approach to also file leave to appeal. Deputy Public Prosecutor Awang Amardajaya Awang Mahmud appeared for the prosecution. — Bernama