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Khairuddin fails to challenge Agong's power

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The Kuala Lumpur High Court has ruled that it has no jurisdiction to decide on matters pertaining to the appointment of current Attorney-General Tan Sri Mohamed Apandi Ali, as he was appointed by the Yang Di-Pertuan Agong.

Judicial Commissioner Datuk Nordin Hassan made the ruling when rejecting an application by former Batu Kawan UMNO vice-chairman Datuk Seri Khairuddin Hassan to dismiss criminal charges brought against by prosecution for lodging reports against the 1Malaysian Development Berhard (IMDB), overseas.

"The appointment of the Attorney-General is done by the Yang Di-Pertuan Agong on recommendations by the Prime Minister and therefore the court has no jurisdiction to hear the matter. I reject the application by the respondent."

Khairuddin, 54, who has been a vocal critic of IMDB. claimed that the charge brought against him was defective because it was signed by Apandi, whose validity of appointment is disputed by Khairuddin.

He claimed that Apandi's appointment to replace the then Attorney-General Tan Sri Abdul Gani Patail, was illegal and contrary to the requirements of Article 145 (6) of the Federal Constitution.

Nordin also allowed the preliminary objections raised by the prosecution, to have legitimacy of Apandi's appointment be made through a judicial review.

The preliminary objection was raised on Feb 16.

On Oct 12 last year, Khairuddin and lawyer Matthias Chang Wen Chieh, 65, claimed trial to sabotaging Malaysia's banking and financial industry.

They were alleged to have committed the offence in France, the United Kingdom, Switzerland, Hong Kong (China) and Singapore between June 28 and Aug 26, last year.

Both of them face a maximum of 15 years' jail if found guilty under Section 124L of the Penal Code.

Khairuddin was represented by Mohamed Haniff Khatri Abdullah while deputy public prosecutor, Mohamad Abazafree Mohd Abbas led the prosecution team.


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