KUALA LUMPUR: The Federal Court is set to decide if accused persons charged for attempting to sabotage the banking and financial services can be tried under the Security Offences (Special Measures) Act 2012 (Sosma).
On Monday, a High Court ruled that it would refer three questions of law in the case of former Batu Kawan Umno vice-chief Datuk Seri Khairuddin Abu Hassan and his lawyer Matthias Chang to the apex court.
High Court judge Justice Mohd Azman Husin said it would be better for the constitutional issues to be referred to the apex court for determination.
The three questions are:
1) Does the charge against the accused persons under Section 124L of the Penal Code fall outside the constitutional ambit of Sosma 2012, pursuant to the provisions of Article 149(1) of the Federal Constitution.
2) If the answer to Question 1 is in the affirmative, do the accused persons have the right to be released on bail forthwith?
3) If the answer to Question 1 is in the negative, should the trial of the charge against the accused persons be conducted in the Sessions Court taking into account the sentencing provisions under section 124L of the Penal Code?
Upon hearing the ruling, Chang told the court that he and Khairuddin appreciated the judgment but said that their personal liberties had been denied.
Khairuddin and Chang were charged at a magistrate’s court on Oct 12 for allegedly attempting to sabotage the country’s banking and financial services, an offence under Section 124L of the Penal Code.
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