Court rules prosecution can appeal without leave
KUALA LUMPUR: The High Court ruled on Friday that it was constitutional for the prosecution to appeal to the appeals court without obtaining leave.
Justice Azman Abdullah was dismissing sacked Umno Batu Kawan deputy divisional chief Khairuddin Abu Hassan’s bid to have section 50(3) of the Court of Judicature Act (CJA), which allows the prosecution to appeal without leave, declared as null and void. He said that the magistrate who heard the fresh charge did not make any decision.
“She did not make any decision (on the charge). She was waiting for the transfer to the High Court,” he said.
After the court proceedings, deputy public prosecutor Awang Armadajaya Awang Mahmud said that the dismissal meant section 50(3) remained valid in law.
This also gives way to the prosecution to proceed with their appeal on last year’s decision by the High Court, which ruled in favour of Khairuddin, releasing him on bail.
Last year, Khairuddin and lawyer Matthias Chang were charged with attempting to “sabotage” the banking and financial services of Malaysia.
Both face charges under section 124L of the Penal Code for sabotage, read together with section 34 of the same Act.
They were said to have committed the “act” in various countries such as France, England, Switzerland, Hong Kong and Singapore between June 28 and August 26, 2015.
On November 18, 2015 the High Court ruled that the attempting sabotage charge against them under section 124L of the Penal Code did not fall under the constitutional ambit of Sosma or Security Offences (Special Measures) Act 2012.
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