KUALA LUMPUR, Nov 19 – The High Court here Wednesday ruled that the charge of sabotaging banking and financial services did not fall under the Security Offences (Special Measures) Act 2012 (SOSMA). Therefore, the court granted former Batu Kawan UMNO vice-chief Datuk Seri Khairuddin Abu Hassan and lawyer Matthias Chang to be released on bail of RM10,000 each with one surety and their passports to be surrendered to court.
Judge Datuk Mohd Azman Husin also ordered the case to be tried at the Sessions Court as the offence under Section 124L of the Penal Code carries a jail term of up to 15 years upon conviction. Khairuddin, 53, and Chang, 65, were charged with attempting to sabotage Malaysia’s banking and financial services at five locations between June 28 and Aug 26, this year, under Section 124L of the Penal Code read with Section 34 of the same Code.
The locations are the office of the France Economic and Financial Crimes Division chief in Paris; Charing Cross Police station, London, United Kingdom; office of the Switzerland Attorney General in Bern; WaiChan police station, Hongkong; and Cantonment Police Headquarters, Singapore.
Deputy Public Prosecutor Masri Mohd Daud informed the court that the prosecution would most probably file an appeal against the verdict here on Wednesday. In the meantime, the judge also fixed Jan 12 next year for case management before the case be transferred to the Sessions Court.
Khairuddin’s wife, actress Datin Seri Umie Aida paid the bail while Chang’s brother paid the bail for Chang. They were detained in Dang Wangi police lock-up and Sg Buloh prison for more than two months. The duo had filed a motion at the High Court seeking several orders, among others, that the charge against them did not fall under SOSMA and wanted the court to release them on bail.
In his decision, Mohd Azman said the offence under Section 124L of the Penal Code could not be read together with SOSMA. He explained that SOSMA was enacted according to Article 149 (1) of the Federal Constitution with six Recitals that had their own characteristics to be implied with to ensure the public order.
However, he said the recitals of SOSMA only specified four out of six recitals which exclude to cite Recital (e) pertaining to banking and financial services. Meanwhile, the judge also said he was of the view that with the exclusion of the Recital (e), the Parliament was never intended to include banking and financial services within the body of Recitals of SOSMA 2012.
Former prime minister Tun Dr Mahathir Mohamad and wife Tun Dr Siti Hasmah Mohamad Ali were also present in court. The duo filed a motion at the High Court seeking several orders, among others, that the charge against them did not fall under SOSMA and wanted the court to release them on bail.
However, Mohd Azman on Oct 19, had referred their case to the Federal Court to determine the constitutionality of the charge and on Nov 3, the Federal Court remitted the case to the High Court and ordered it to decide on whether the charge made against the duo fell under SOSMA.
A five-member panel of the Federal Court, chaired by Chief Justice Tun Arifin Zakaria, said the court agreed with the prosecution that the reference of constitutional questions made by the High Court was incompetent because it did not comply with Section 84 of the Courts of Judicature Act 1964.
In additional, later when outside the court, Dr Mahathir was asked by reporters on the decision said that it would enhance the confidence of people in the judiciary. Umie Aida meanwhile said she was grateful and happy with the court’s decision here on Wednesday.
