Malaysia

Court allows Khairuddin to recuse judge, prosecution’s appeal put off

Datuk Khairuddin Abu Hassan and his lawyer Matthias Chang are charged under Sosma for sabotaging the economy. The Court of Appeal is currently hearing the prosecution appeal to reinstate the charge after the High Court ruled that it was not a security offence. – The Malaysian Insider file pic, February 26, 2016.Datuk Khairuddin Abu Hassan and his lawyer Matthias Chang are charged under Sosma for sabotaging the economy. The Court of Appeal is currently hearing the prosecution appeal to reinstate the charge after the High Court ruled that it was not a security offence. – The Malaysian Insider file pic, February 26, 2016.The Court of Appeal today allowed an application by former Batu Kawan Umno leader Datuk Khairuddin Abu Hassan to recuse judge Datuk Mohd Zawawi Mohd Salleh from leading the panel, Malaysiakini reported.

This resulted in the deferment of the prosecution's appeal against the High Court ruling that the charge against Khairuddin was not a security offence, and that procedures under the Security Offences (Special Measures) Act, or Sosma, could not be used.

The application by Khairuddin was made on the basis that Zawawi knows Khairuddin and his sister.

Zawawi confirmed the matter in court today.

"In the interest of justice, and so that the public would not have any perception, I agree to recuse myself.

"The panel will be reconstituted later," he said.

The other two judges on the panel today were Tan Sri Idrus Harun and Vernon Ong.

The High Court last November allowed bail for Khairuddin and his lawyer Matthias Chang – both charged with sabotaging the Malaysian economy – and ruled that it was not a security offence.

The court ruled that procedures under Sosma could not be applied on them.

They were released on RM10,000 bail, and the court ordered the trial to commence in the Sessions Court.

Khairuddin had been under detention since September 8 last year and Chang, a former political aide to Tun Dr Mahathir Mohamad, since October 8.

On October 12, both men were charged with attempted sabotage of the Malaysian economy and the country's financial and banking system.

They are accused of committing the offence in France, the United Kingdom, Switzerland, Hong Kong and Singapore – places where Khairuddin had lodged reports against state-owned investment firm, 1Malaysia Development Bhd (1MDB) – between June 28 and August 26 this year. – February 26, 2016.

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