AG: Wrong to say Khairuddin, Chang charged under Sosma
Apandi Ali says both charged under Penal Code for attempting to sabotage country’s banking and financial systems.
(Free Malaysia Today) – Attorney-General Apandi Ali clarified today that 1MDB critic Khairuddin Abu Hassan and his lawyer Matthias Chang were not charged under the Security Offences (Special Measures) Act (Sosma).
Apandi was seeking to clear up confusion arising from remarks by former prime minister Mahathir Mohamad at a press conference yesterday.
Khairuddin and Chang were charged yesterday under the Penal Code. They were accused of attempting to sabotage the country’s banking and financial systems.
“This action has been questioned by certain parties, including in the article published in The Star on 12 October 2015 titled ‘Dr M, Ku Li team up to slam Sosma detention of 1MDB critics,’ as being an abuse of the government’s powers,” Apandi said at a press conference.
“The Attorney-General’s Chambers clarifies that both Khairuddin and Chang are charged under Section 124L of the Penal Code and not Sosma.”
He described Sosma as a procedural law providing special measures to facilitate the investigation and prosecution of security offences.
He said the definition of “security measures” was not limited to measures against terrorism.
“When Sosma was enacted, the listed security offences were offences under Chapter 6 of the Penal Code – offences against the state – and Chapter 6A of the Penal Code – offences relating to terrorism.”
According to him, the list has since been extended to include Chapter 6B of the Penal Code (Organised Crime) and provisions in the 2015 Special Measures Against Terrorism in Foreign Countries Act.
“Section 124L is an offence under Chapter 6 of the Penal Code and it was one of seven new offences introduced in 2012 through the Penal Code (Amendment) Act 2012.
“It is therefore a security offence to which Sosma applies.”
