Hearing Of Govt’s Appeal Over Khairuddin’s Unlawful Detention Postponed

PUTRAJAYA, Aug 16 (Bernama) -- The hearing of the government’s appeal against a High Court’s decision to award RM300,000 in damages to politician Datuk Seri Khairuddin Abu Hassan for unlawful detention, which had been set for today, has been postponed again.

This time, it was prompted by senior federal counsel Zetty Zurina Kamaruddin’s objection to Court of Appeal judge Datuk Collin Lawrence Sequerah presiding on the panel.

She informed the three-member panel of the Court of Appeal that she received instructions to object to Justice Sequerah being on the panel.

“This is because Justice Sequerah is still presiding over the 1Malaysia Development Berhad (1MDB) case involving former prime minister Datuk Seri Najib Razak in the Kuala Lumpur High Court,” she said.

Zetty Zurina is appearing for the Inspector-General of Police, former Attorney-General Tan Sri Mohamed Apandi Ali, the government of Malaysia, Bukit Aman officers Wan Aeidil Wan Abdullah and Muniandy Chelliah, former Dang Wangi deputy police chief Habibi Majinji, deputy public prosecutor Datuk Masri Mohd Daud and former senior federal counsel Awang Armadajaya Awang Mahmud.

The appeal hearing had been fixed for today before a panel comprising Datuk Che Mohd Ruzima Ghazali, Justice Sequerah and Datuk Azmi Ariffin.

Khairuddin’s lawyer, Mohamed Haniff Khatri Abdulla said he has no objections to the request, noting that it was fair since the background on 1MDB is included in his submission.

Justice Che Mohd Ruzima then told parties involved that Justice Sequerah had informed the panel that he too was uncomfortable to hear the appeal due to the on-going 1MDB trial.

“Based on that scenario, the court postponed the appeal hearing and fixed Aug 19 for case management to set the new hearing date,” he said.

This is the second time, the appeal hearing was postponed. The first time was on Nov 27 last year after the court requested the parties to submit additional submissions on the issue of malicious prosecution.

In Aug 2022, the High Court allowed Khairuddin’s claim for unlawful detention and awarded him damages of RM300,000.

High Court judge Datuk Quay Chew Soon, however, dismissed the claim by the former Batu Kawan UMNO deputy chief against the government for malicious prosecution.

The government is appealing the High Court’s decision regarding liability for unlawful detention, while Khairuddin is appealing both the amount of damages and the High Court’s decision to dismiss his claim against the government for malicious prosecution.

In his lawsuit filed in May 2018, Khairuddin claimed he was initially detained on Sept 18, 2015, under Section 124C of the Penal Code.

After the court ordered his release, he was rearrested on Sept 23, the same year and charged in the Magistrate's Court under Section 124L of the Security Offences (Special Measures) Act 2012 on charges of attempting to sabotage the country’s banking and financial services.

-- BERNAMA