Khairuddin files DoJ lawsuit as further affidavit


KUALA LUMPUR: Sacked Umno Batu Kawan deputy divisional chief Khairuddin Abu Hassan has included the United States’ Department of Justice (DoJ) lawsuit against certain individuals in a further affidavit, in a bid to challenge the Attorney-General (AG) on a recent decision.

“We have filed his further affidavit for his leave application, and included the 136 page US lawsuit,” said his lawyer, Haniff Khatri Abdulla. “The lawsuit is related to the criminal charges he faces for allegedly attempting sabotage.”

“It also relates to the AG’s ‘no criminal charges’ statement on the RM2.6 billion donation, SRC International and 1MDB.”

The court has set August 12 to hear Khairuddin’s bid to get leave to challenge the AG’s “no prosecution” decision.

Khairuddin and lawyer Matthias Chang have been charged with attempting to “sabotage” the banking and financial services of Malaysia.

The charges are under Section 124L of the Penal Code for sabotage, read together with Section 34 of the same Act.

They were said to have committed the “act” in various countries including France, England, Switzerland, Hong Kong and Singapore between June 28 and August 26 last year.

On 18 November 2015, the High Court ruled the attempting sabotage charge did not fall under the constitutional ambit of Sosma or Security Offences (Special Measures) 2012. They were released on bail, pending appeal by the prosecution.

The DoJ filed the suit in a California court, seeking to forfeit and recover more than USD3.5 billion (RM14.27 billion) in assets linked to an international conspiracy to misappropriate funds from 1MDB.

The US Attorney-General was reported as saying the alleged offences were committed over a four year period and involved many individuals. They included Malaysian officials, and their associates, who allegedly conspired to fraudulently divert billions of dollars from 1MDB.

Prime Minister Najib Abdul Razak’s stepson and film producer Riza Aziz, businessman Low Taek Jho and Abu Dhabi officials Khadem al-Qubaisi and Mohamed Ahmed Badawy Al-Husseiny have been named in the DoJ lawsuit.

The lawsuit said that funds misappropriated from 1MDB were transferred to the co-founder of Petrosaudi, which had a joint venture with 1MDB, and then to a high-ranking official in the Malaysian Government.

Haniff added, on a separate matter, that the High Court will hear Tengku Sarifuddin Tengku Ahmad’s bid to strike out former Kedah Menteri Besar Mukhriz Mahathir’s suit on October 11. Sarifuddin is Najib’s Press Secretary.

“He (Tengku Sarifuddin) wants to strike out the lawsuit. He said it did not disclose any reasonable cause of action, was vexatious and an abuse of court process,” he said.

Mukhriz sued the premier’s press secretary over four press statements the latter made.