Govt’s Appeal Hearing On Khairuddin's Unlawful Detention Lawsuit Set On Dec 6

PUTRAJAYA, Aug 23 (Bernama) -- The Court of Appeal has set December 6 for a hearing on the government’s appeal regarding the RM300,000 damages award to politician Datuk Seri Khairuddin Abu Hassan for unlawful detention under the Security Offences (Special Measures) Act 2012 (Sosma).

On that date, the court will also hear Khairuddin’s appeal concerning the amount of damages and the High Court’s dismissal of his malicious prosecution claim against the government.

Khairuddin’s lawyer Mohamed Haniff Khatri Abdulla, when contacted, confirmed to Bernama the new hearing date.

He said the hearing date was fixed during a case management session on Wednesday (Aug 21) with the Court of Appeal deputy registrar, Norkamilah Aziz.

The hearing of both appeals before a three-judge Court of Appeal panel was postponed last Friday because the senior federal counsel Zetty Zurina Kamaruddin representing the government objected to Judge Datuk Collin Lawrence Sequerah presiding over the case.

The objection was due to Justice Sequerah presiding over the 1Malaysia Development Berhad (1MDB) trial involving former prime minister Datuk Seri Najib Razak in the Kuala Lumpur High Court.

In August 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 former Batu Kawan UMNO division deputy chief’s (Khairuddin’s) claim against the government for malicious prosecution.

The government is appealing the High Court’s decision over liability for unlawful detention while Khairuddin is appealing both the amount of damages and High Court’s dismissal of the malicious prosecution claim.

In his lawsuit filed in May 2018, Khairuddin claimed he was initially detained by authorities on Sept 18, 2015, under Section 124C of the Penal Code. He said after the court ordered his release, he was re-arrested on Sept 23, the same year, under Sosma. 

He said he was charged in the Magistrate's Court under Section 124L of the same act for charges of attempting to sabotage the country’s banking and financial services.

Khairuddin filed the suit against then Bukit Aman officers Wan Aeidil Wan Abdullah and Muniandy Chelliah, former Dang Wangi deputy police chief Habibi Majinji, former inspector-general of police Tan Sri Khalid Abu Bakar, then deputy public prosecutor Datuk Masri Mohd Daud, former senior federal counsel Awang Armadajaya Awang Mahmud and former attorney-general Tan Sri Mohamed Apandi Ali and the government.

-- BERNAMA