1MDB critic Khairuddin's unlawful detention appeal postponed, to be heard in open court as public interest matter

KUALA LUMPUR (Nov 27): 1Malaysia Development Bhd (1MDB) critic Datuk Seri Khairuddin Abu Hassan’s appeal against the government in relation to his alleged wrongful detention and the respondents’ appeal have been postponed, as it is deemed a public interest matter.

The appeal was set for an online hearing on Monday. However, at the onset of the proceeding, a three-member Court of Appeal panel led by Datuk Nantha Balan ES Moorthy said that online proceedings would not do the matter justice, due to elements of public importance in the case.

The panel, which included appellate court judges Datuk Mohd Nazlan Mohd Ghazali and Datuk Dr Choo Kah Sing, also gave the parties more time to address and respond to the issue of malicious prosecution in the appeals.

“[The appeals concern] deprivation of [Khairuddin’s] liberty for a period, so it is only fair for him to be present in court and listen [to the arguments],” Nantha said.

In August last year, the High Court allowed Khairuddin’s claim for unlawful detention, and awarded damages of RM300,000. However, judge Datuk Quay Chew Soon dismissed the ex-Umno man’s claim for malicious prosecution on the grounds that it was a bare assertion unsupported by evidence.

The alleged malice, Khairuddin claimed, was to safeguard the interest of then prime minister Datuk Seri Najib Razak, who was also the finance minister and chairman of 1MDB’s board of advisors back then.

The former Federal Territory Pejuang chief is appealing on the quantum of damages and also on the malicious prosecution claim. The prosecution is also appealing against the decision in part.

A case management was set for Monday afternoon to determine a new hearing date. The matter would then be heard afresh.

Senior federal counsel Andi Razalijaya A Dadi appeared for the prosecution, while Mohd Haniff Khatri Abdulla and Nurul Huda Razali represented Khairuddin.

Khairuddin was detained on Sept 18, 2015 by the police for investigation under Section 124C of the Penal Code for alleged involvement in activities detrimental to parliamentary democracy.

After the court ordered his release, he was rearrested on Sept 23 under the Security Offences (Special Measures) Act 2012 (Sosma), and charged under Section 124L with attempting to sabotage the nation’s banking and financial services. He was detained for 60-odd days.

However, on May 12, 2017, the prosecution withdrew the charges against him, and he was subsequently acquitted and discharged.

The former Batu Kawan Umno division deputy chief then filed the suit against the Malaysian government, former attorney general Tan Sri Mohamed Apandi Ali, former inspector general of police Tan Sri Khalid Abu Bakar, and five others in May 2018 over his unlawful detention.

During the trial, Khairuddin reportedly said that his detention was meant to protect Najib, and to bar him from travelling abroad to assist international authorities to complete their investigations into the scandal-ridden strategic development fund.

Najib is currently serving a 12-year jail sentence over a RM42 million graft case linked to SRC International Sdn Bhd, a former subsidiary of 1MDB.

Khairuddin left Pejuang earlier this year, after stepping down as its Federal Territory chief, due to differences with president Datuk Seri Mukhriz Mahathir’s leadership.

He contested for the Titiwangsa parliamentary seat during the 15th general election in November last year under the Pejuang ticket.

However, he only gained 888 votes (1.1%), and lost his deposit. The four-corner contest was won by Barisan Nasional-Umno’s Datuk Seri Johari Abdul Ghani, with a majority of 4,632 votes.

1MDB critic Khairuddin wins unlawful detention suit, gets RM300,000 in damages