The Federal Court has fixed Nov 3 for hearing of the constitutional questions posed by Batu Kawan Umno former vice-chief Khairuddin Abu Hassan and his lawyer Matthias Chang.

The duo are challenging their detention as unconstitutional.

Senior assistant registrar Mohd Izzuddin Mohamad fixed the date after meeting the prosecution and the lawyers today.

Deputy public prosecutor (DPP) Mohd Masri Daud informed reporters of the decision after the meeting in chambers today.

Lawyers Hanif Khatri, Zainur Zakaria and Muhammad Rafique Rashid Ali appeared for Chang and Khairuddin (photo) .

Khairuddin and Chang were charged on Oct 12 for allegedly sabotaging the financial sector by lodging police reports against Prime Minister Najib Razak’s pet project, the scandal-ridden 1MDB.

The questions posed to the apex court are :

  • whether the charge under Section 124L is under Sosma and does it go against Article 149(1) of the federal constitution. Section 124L is under the Penal Code but also falls under Sosma.

  • If the answer to the above is affirmative, do they have the right to be released on bail (this means the charge will be heard at the High Court)?

  • If the answer is in the negative, should the charge and hearing be heard at the Sessions Court and not the High Court?

    • Both denied bail

    Khairuddin had been held since Sept 18 initially under Section 124C for activities detrimental to parliament democracy but then held under Sosma.

    The two are now presently under remand at the Sungai Buloh prison.

    Chang (photo) had questioned how the act of merely lodging police reports against 1MDB in foreign countries could be considered as detrimental to public order and security.

    This forms the basis of the application as they were denied bail after they were charged.

    Khairuddin had lodged reports in Singapore, Hong Kong, the UK, New York and also Malaysia over 1MDB. Chang accompanied him to three of the countries.