Khairuddin's application to strike out charge improper, court told
The prosecution in Khairuddin Abu Hassan's financial sabotage case today raised an objection that his (Khairuddin's) application to file the striking out of the charge against him was improper.
They said that the matter should be raised through a judicial review application and not by a criminal application.
However, Khairuddin's lawyers led by Mohd Haniff Khatri Abdulla said the team did not receive this particular argument as a preliminary objection.
The prosecution in Khairuddin Abu Hassan's financial sabotage case today raised an objection that his (Khairuddin's) application to file the striking out of the charge against him was improper.
They said that the matter should be raised through a judicial review application and not by a criminal application.
However, Khairuddin's lawyers, led by Mohd Haniff Khatri Abdulla, said the team did not receive this particular argument as a preliminary objection.
"We only received on Monday on the issue that this appeal is not proper as the High Court decision could not be considered a final judgment by the court.
"Our team only prepared on this issue and not on the issue of the application filed is improper, which we were only informed today. Furthermore, this issue was not raised at the High Court."
Following this, Haniff applied for a week's adjournment to prepare the submission.
Court of Appeal president Justice Md Raus Sharif, who led the bench, allowed the case today to be postponed to next Friday and said Khairuddin's team will submit first.
The other judges were Justice Varghese George Varughese and Justice Ahmadi Asnawi.
The prosecution was led by DPP Awang Armadajaya Awang Mahmud.
On April 13, Judicial Commissioner Nordin Hassan allowed a preliminary objection raised by the prosecution that the court had no jurisdiction to assert attorney-general Mohamed Apandi Ali did not have the authority to move the charge against Khairuddin.
The judge said it was the Yang di-Pertuan Agong who appointed the AG, on the advice of the prime minister, as provided for in Article 145 of the federal constitution.
Khairuddin and Matthias Chang, the former press secretary to Dr Mahathir Mohamad, were charged under Section 124L of the Penal Code for sabotaging the country's financial system.
They had done this by lodging reports on 1MDB in five countries: Switzerland, United States, United Kingdom, Hong Kong and Singapore.
Meanwhile, the apellate court changed the hearing of the prosecutions appeal over the charge against Khairuddin and Chang to Nov 14 from Nov 2 as reported yesterday.
This was disclosed by lawyer Mohd Raffique Rashid Ali, who said the change was made because the prosecution was unable to make it on Nov 2.
On Nov 15 last year Kuala Lumpur High Court judge Justice Azman Husin ruled that the duo's charge does not fall under the Security Offences (Special Measures) Act 2012, and granted them bail of RM10,000 each.


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