1MDB critic’s lawyer says client owes RM795,000 for release from two-month Sosma detention

KUALA LUMPUR (April 26): A lawyer representing Datuk Seri Khairuddin Abu Hassan, who lodged police reports in Malaysia, the UK, France and Switzerland in relation to 1Malaysia Development Bhd fiasco, and was subsequently detained by the authorities under the Security Offences (Special Measures) Act 2012 (Sosma), told the court that his client owed him RM795,000.

The amount was for securing Khairuddin's release after his two-month Sosma detention was declared unlawful and charges under the Act were later dropped.

Lawyer Mohd Haniff Khatri Abdulla said this in his testimony on the first day of trial in Khairuddin's civil suit against the Malaysian government, former attorney-general Tan Sri Mohamed Apandi Ali, former inspector-general of Police Tan Sri Khalid Abu Bakar and five others, including three policemen, at the High Court today.

Khairuddin is suing them for unlawful detention and wrongfully charging him for lodging the police reports worldwide. He was detained under Section 124(L) for actions detrimental to the country's banking and financial services.

Haniff said he had reduced his fees due to the bad economic situation faced by Khairuddin, in responding to questions from lawyer Abi Mursyidin Awal, who appears with Mohd Irzan Iswat.

He added that this was to secure Khairuddin's release via a habeas corpus application and a review application. Those applications were made from the Magistrates Court to the High Court up to the Federal Court.

The lawyer was referring to the file opened by his firm to handle Khairuddin's case.

On cross-examination by federal counsel Mohd Ashraf Abdul Hamid, Haniff denied that the figures were made up and that he was providing pro bono service to Khairuddin, resulting in the debt carried by his client for four years.

Haniff also said Khairuddin's contest in the last general election and loss do not mean that his client is truly capable of paying his fees.

Opening statement

Earlier, in Haniff's opening statement to the suit, the lawyer said his client was responsible for shining the light on the 1MDB scandal that resulted in the fall of the Barisan Nasional government under Datuk Seri Najib Razak, and the ongoing prosecution against the former prime minister.

The lawyer said Khairuddin had initially lodged a police report on Dec 12, 2014 and subsequently also lodged a complaint with the Malaysian Anti-Corruption Commission before going overseas to the UK, France and Switzerland to lodge reports there resulting in the worldwide investigation.

“This culminates in the enforcement agencies in those countries including the United States Department of Justice to take action as was with Switzerland, Luxembourg, and Singapore to take action.

“However, upon Khairuddin's return to Malaysia, the whole government machinery was used to detain and arrest him beginning Sept 18, 2015. It was only through the court action to challenge his Sosma detention had seen him being released on Nov 18, 2015, two months into detention,” the lawyer said.

Khairuddin, Haniff added, also had his charges for allegedly taking actions detrimental to the country's banking and financial services under Section 124(L) of Sosma dropped on May 12, 2017.

“My client wants this court to assess the damages reflecting the illegal detention and wrongful charges imposed on him,” Haniff said.

Khairuddin will take the stand tomorrow before Judicial Commissioner Quay Chew Soon, after producing the original copy of his first Dec 12, 2014 report.

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