Khairuddin fails to strike out charge

KUALA LUMPUR: Datuk Khairuddin Abu Hassan (pix) failed in his bid to strike out his charge after a High Court dismissed his application on the grounds that it has no jurisdiction to determine the validity of the appointment of the Attorney General (AG), today.
High Court judicial commissioner Nordin Hassan said Yang Di-Pertuan Agong (YDP) appoints AG on the advice of the Prime Minister and the "prerogative" powers of YDP is "non-justiciable" by the court.
"The court has no jurisdiction to determine the validity of the appointment of the AG, who was appointed on July 27, 2015," said Nordin. He said he obtained the date from one of the affidavits filed in the court, for the case.
"Preliminary objection (by the respondent) is allowed and the application filed on Feb 4, 2016 is rejected," said Nordin.
On Oct 12, last year, Khairuddin and Matthias Chang were charged with attempting to sabotage banking and financial services in the country between June 28, 2015 and Aug 26, 2015, at several location such France, United Kingdom, Singapore, Switzerland and Hong Kong.
The charge for attempting to commit sabotage under Section 124L of the Penal Code, which is punishable for a maximum of 15 years jail.
On Feb 4, 2016, Khairuddin had filed a notice of motion stating the charge for attempt to be struck out or set aside as the AG Tan Sri Apandi Ali has no valid power to prosecute him, under Article 145 of the Federal Constitution on Oct 12, 2015.
He claimed that AG did not have power on Oct 12 as the former AG Tan Sri Gani Patail's termination of service was contrary to Article 145 (6) of the Federal Constitution.
Deputy Public Prosecutor Mohd Abazafree Abbas raised preliminary objection saying Khairuddin is abusing court process as the issue of the legitimacy of the appointment is not under the jurisdiction of the court.
He said the application is "non-justiciable" by the court and it is a "premature" application. He said the notice of motion should be heard before a Session Court, which presides over the case and not the High Court.
He also said the applicant should file a "judicial review" and not by way of notice of motion.
However, Khairuddin's lawyer Haniff Khatri Abdulla said on the validity of the charge, which was framed against his client. He said the charge can only be framed by a legitimate AG.
Therefore, he said the issue of the appointment affects directly to his client's charge.
He also submitted the subject of the application is not that Apandi cannot be appointed as AG but whether there was a legitimate "AG" at the time, when the charge was framed against his client, on Oct 12.