Bar calls for Umno rebel Khairuddin’s immediate release

The lodging of reports with foreign enforcement agencies against a Malaysian corporate entity is not prohibited by law.

KUALA LUMPUR: The Malaysian Bar Council has urged the police to release sacked Umno Batu Kawan deputy divisional chief Khairuddin Abu Hassan immediately from detention and cease the misuse of SOSMA. “Even with a loose definition, it is incredible, and a quantum leap in logic, to hold that lodging of reports with foreign enforcement authorities was tantamount to sabotage.”

“The lodging of reports with foreign enforcement agencies against a Malaysian corporate entity was not prohibited by law and cannot be regarded as being ‘activity detrimental to parliamentary democracy’ or ‘sabotage” or an ‘attempt to commit sabotage’.”

The grounds for the arrest and detention of Khairuddin cannot be justified, said Bar Council President Steven Thiru in a statement. “The action taken against Khairuddin is widely perceived as the latest attempt to silence dissent and harass critics who seek answers to the allegations of financial impropriety relating to 1MDB.”

Further, he added, the apparent misuse of SOSMA in a case that does not concern “security offences” has a chilling effect, inasmuch as it discourages witnesses or whistleblowers from providing information or lodging reports against 1MDB. “It also gives the perception that the mere act of raising questions on 1MDB will be viewed as an attack against the government, and that the government will not hesitate to use legislation, including those intended for ‘security offences’, against critics of 1MDB.”

The Malaysian Bar was expressing its alarm over the arrest and detention of Khairuddin for being a vocal critic of 1Malaysia Development Berhad (1MDB).

Thiru wonders whether the police had obtained or seen the reports that Khairuddin purportedly lodged with the various foreign enforcement agencies. “The police also appear to be prevaricating between allegations of offences under Section 124C, and then under Sections 124K and 124L.”

“This raises serious concerns over the credibility of the investigations.”

Police investigations cannot be based on surmise or conjecture, he argued. “An accused person cannot be arrested and held in remand under the CPC or for investigative detention under SOSMA for the police to begin investigations to discover what, if any, offence has been committed.”

“This would be a misuse of the investigative powers of the police, and would be akin to punishment of the accused person prior to a finding of guilt for any offence.”

Moreover, said Thiru, SOSMA should not be misused as an extension to remand after the remand has been terminated by the court. “This would be oppressive and unjust.”

Indeed, he warned, it harks back to the dark days of the draconian Internal Security Act 1960 (ISA) when detainees were subjected to immediate arrest upon succeeding in their habeas corpus applications and being released by the court. “SOSMA should not be abused in any manner, including in the manner that the ISA was abused.”

“Section 4(3) of SOSMA prohibits detention for any political belief or political acts. It would appear that this provision has been inexplicably ignored in this case.”

Khairuddin had lodged a report with the police over the alleged mismanagement of 1MDB finances on 12 December 2014. Two months later, he was sacked as Umno Batu Kawan deputy divisional chief.