The High Court in Kuala Lumpur today refused to grant bail to former Batu Kawan Umno division‎ vice-chief Khairuddin Abu Hassan and Dr Mahathir Mohamad's former political secretary Matthias Chang on their economic sabotage charges.

Justice Mohd Azman Husin ‎refused to grant bail today pending the hearing on three questions of law by the Federal Court next Tuesday (Nov 3).

Lawyer Zainur Zakaria for Khairuddin and Chang, who are charged under Section 124L of the Penal Code, applied for bail on grounds of uncertainty as to whether the charge against his clients falls under the Penal Code or the Security Offences (Special Measures) Act 2012 (Sosma).

Zainur said it is the High Court's discretion to grant bail in light of the circumstances, as there was no way Kahiruddin ( photo ) and Chang could run away as they have been barred from travelling abroad.

Chang also addressed the court and asked what their offence was for lodging four police reports overseas and meeting with the Swiss Attorney-General’s Chambers and how this affected the banking service in Malaysia.

“However, what banking or financial services we sabotaged, we don't know, or how to (sabotage),” he said, adding that whatever decision that woulld be made on the case today would also affect others.

DPP Mohd Nordin Ismail said it was not proper for the two to be released pending to the decision and questions of law posed by the court.

Despite pleas from Chang, who is also lawyer with 39 years’ experience, the court turned down the application for bail, with Justice Azman saying that the two should wait until next week's apex court hearing.

The High Court also fixed Nov 5 for case management during which a trial date could be fixed. However, this will depend on the Federal Court decision on the three questions of law that have been raised.

Khairuddin and Chang were charged on Oct 12 with attempting to sabotage the country's banking and financial services, through their acts between June 28 and Aug 26 this year, in going to investigating bodies in France, England, Switzerland, Hong Kong and Singapore.

The three questions posed by Khairuddin and Chang's lawyers are:

  • Whether the charge under Section 124L is under Sosma or the Penal Code, and does it go against Article 149(1) of the Federal Constitution.

  • 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 by the High Court)?

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

    • Besides Zainur, the other lawyers representing the Khairuddin and Chang are Raffique Rashid Ali, Rashdan Kassim, Zura Alias,and Fahmi Abd Moin

    Khairuddin has been held in detention since Sept 18, while Chang was picked up on Oct 11.