Former Batu Kawan Umno vice-chief Khairuddin Abu Hassan today failed to strike out the financial sabotage charge against him.

A three-member bench led by Court of Appeal president Justice Md Raus Sharif has dismissed his appeal.

The merits of his appeal were not heard as the court ruled that the charge had already been stayed.

This is until the prosecution's pending appeal against the decision of the High Court in Kuala Lumpur, is heard and decided upon.

The other judges were Justice Zamani A Rahim and Justice Abdul Rahman Sebli.

While Khairuddin’s lawyer Mohd Haniff Khatri Abdulla was submitting, Justice Md Raus said this multiple application should not be heard until the prosecution's appeal, which has been fixed for Nov 14, is heard.

The No 2 in the judiciary said this application was a collateral attack against the present attorney-general and since constitutional issues are raised, it should not be brought via a criminal application and should be by way of a review.

In dismissing the application, the three-member bench made no order as to costs.

DPP Awang Armadajaya Awang Mahmud appeared for the prosecution.

The High Court on Nov 18, 2015, ruled the charge against Khairuddin does not fall under the Security Offences (Special Measures) Act (Sosma).

In his decision, Justice Mohd Azman Husin ruled that financial services do not come within the ambit of Article 149 (1) of the Federal Constitution, under which Sosma was enacted by Parliament.

Khairuddin and Matthias Chang, the former press secretary to former prime minister Dr Mahathir Mohamad, were charged under Section 124L of the Penal Code for sabotaging the country's financial system.

They were accused of having done this by lodging reports on 1MDB in five countries: Switzerland, United States, United Kingdom, Hong Kong and Singapore.