PETALING JAYA: Khairuddin Abu Hassan and his lawyer Matthias Chang, who are charged with sabotaging the nation’s banking and financial services, have filed an application to strike out the government’s appeal.
The former Umno leader’s lawyer, Mohamed Haniff Khatri Abdulla, said the step was taken as the public prosecutor had failed to serve personally on both accused a notice that he was appealing against the Dec 13 Court of Appeal ruling.
“Instead, both only received a notification from the Federal Court registry that the government is appealing the Court of Appeal decision,” he told FMT.
Haniff said failure to serve the government’s notice of appeal was in breach of Rule 88 of the Federal Court Rules 1995.
He said the application was filed in the Federal Court registry last Friday.
The lawyer added that the second ground for the application was that the government could not go to the Federal Court to further appeal the matter.
“This case started in a magistrate’s court, and as such, the matter must end in the Court of Appeal,” he said.
Haniff said the charge against Khairuddin and Chang would automatically drop should the apex court allow the application.
Meanwhile, he said a Kuala Lumpur Sessions Court judge has tentatively fixed five days from May 11 to try both accused of the charge.
Khairuddin and Chang were jointly charged under Section 124L of the Penal Code following reports made against 1Malaysia Development Berhad with authorities in France, Hong Kong, Singapore, the United Kingdom and Switzerland.
The offence carries a jail term of up to 15 years.
All security-related offences are heard in the High Court.
Following their denial of bail, the two filed an application to be tried in the Sessions Court and asked for bail.
On Nov 18, 2015, High Court judge Mohd Azman Husin found the sabotage charge was not a security offence and Sosma procedures did not apply.
The judge proceeded to grant them bail at RM10,000 each in a single surety pending the outcome of their trial in the Sessions Court.
On Dec 13, the Court of Appeal also dismissed the government’s appeal.