Court to hear Khairuddin's habeas corpus application Oct 13
Bernama
October 2, 2015 20:22 MYT
October 2, 2015 20:22 MYT
The High Court here today set Oct 13 to hear a habeas corpus application by former Batu Kawan UMNO vice-leader Datuk Seri Khairuddin Abu Hassan to challenge his detention under the Security Offences (Special Measures) Act (SOSMA) 2012.
Judge Kamardin Hashim fixed the date when the case came up for mention before him.
Khairuddin's lawyer, Hanif Kathri Abdulla, requested the court to expedite hearing of the application on grounds that Khairuddin's detention would expire on Oct 21.
He said Khairuddin, 53, was detained under SOSMA for 28 days and the habeas corpus application would become academic if it was to be heard after the detention period had ended.
However, deputy public prosecutor Datuk Mohd Hanafiah Zakaria, who prosecuted, said the prosecution would need a month to reply to Khairuddin's affidavit.
Mohd Hanafiah said he would also need verification from Bank Negara Governor Tan Sri Dr Zeti Akhtar Aziz over issues raised by Khairuddin on 1Malaysian Development Berhad (1MDB).
"We have been informed by officers from Bank Negara that Tan Sri Zeti is overseas to attend a meeting at the World Bank and they are not certain when she will be back.
"So, we need a month for Tan Sri Zeti to verify the affidavit in reply," he added.
Kamardin said if Zeti was not available to verify the affidavit, then her deputy could do so, and set Oct 13 to hear Khairuddin's habeas corpus application.
Khairuddin filed the habeas corpus application last Sept 28 and the respondents named were Dang Wangi deputy police chief, Supt Habibi Majinji; the Dang Wangi District Police Chief; the Inspector-General of Police and the Government.
In the application, Khairuddin sought a court order that his detention via a notice under Section 4(5) SOSMA 2012 dated Sept 24 which was issued by Habibi and carried out under the supervision of the Dang Wangi Police Chief at the Dang Wangi District Police Headquarters in Kuala Lumpur is not valid and null and void.
He is also applying for a writ of habeas corpus to be issued by the court so that he is freed immediately from detention, as well as other relief deemed just and appropriate by the court.
Khairuddin submitted the application on the contention that his detention did not comply with the provisions of SOSMA 2012, was malicious and mala fide and an afterthought by the respondents.
The husband to actress Umie Aida claimed that his detention was an abuse of the legal process for wrongly using SOSMA 2012 when his actions were not at all related to terrorist activities.
Khairuddin was rearrested under SOSMA 2012 last Sept 23 at the Jalan Duta Court Complex after his remand order under Section 124C of the Penal Code expired.
Prior to that Khairuddin was remanded since Sept 19 under Section 124C of the Penal Code for trying to carry out activities deemed detrimental to parliamentary democracy.
He was first arrested on Sept 18 at his residence in Mont Kiara.