KUALA LUMPUR (April 27): Businessman and staunch supporter of Tun Dr Mahathir Mohamad Datuk Seri Khairuddin Abu Hassan told the High Court today that his unlawful detention and the Security Offences (Special Measures) Act 2012 (Sosma) charge brought against him between September and November 2015 was to protect former premier Datuk Seri Najib Razak.
Khairuddin said the government as the employer of the defendants — namely former attorney-general Tan Sri Mohamed Apandi Ali and former inspector-general of Police Tan Sri Khalid Abu Bakar, three other police officers and two deputy public prosecutors — is vicariously liable for his unlawful detention under Sosma.
He said as Najib was the then prime minister, finance minister and chairman of the board of advisors for 1Malaysia Development Bhd (1MDB), the various enforcement agencies were used against him in order to protect the Umno president.
“I had earlier lodged a police report on Dec 12, 2014 regarding 1MDB, and subsequently along with my personal lawyer Matthias Chang went to France, United Kingdom, Switzerland to lodge reports with the authorities there resulting in investigation by the foreign authorities.
“However, sometime in September, Chang and I were prohibited from going overseas further. On Sept 18, 2015, I was called in to have my statement recorded regarding the report I lodged last December, only to see them arrest my lawyer and I,” he said.
Khairuddin said his arrest had caused him to be detained at the Sungai Buloh prison.
“As I am also a politician, my reputation was also deeply affected. My rights as enshrined under the Federal Constitution were deeply affected and cannot be restored due to the defendants' actions,” he added.
The 59-year-old was testifying in his suit against the government and seven others over his unlawful two-month detention and the Sosma charge levelled against him which was later withdrawn after his lawyer had helped to secure his release and have the charge dropped.
Replying to questions from his lawyer Mohd Haniff Khatri Abdulla, Khairuddin said as a result of his detention, his business was affected as he lost his job as a director of a security company.
“That resulted in my family and I to face economic and mental pressure,” he added.
Seeking damages
Khairuddin said he is seeking RM1.86 million in general damages, or RM30,000 multiplied by a total of 62 days under wrongful detention from the day he was arrested on Sept 18, 2015 until Nov 18, 2015 when he was released.
He is seeking another RM28.9 million in general damages for the wrongful Sosma charge brought against him from Oct 12, 2015 until the charge was dropped on May 12, 2017,
“This is over 579 days of the charge being over my head multiplied with RM50,000 a day,” the businessman said.
He also wants the government to pay his lawyers fees of RM795,000 for representing him from his arrest to the dropping of his charge two years later.
Yesterday, Haniff told the court that he had charged Khairuddin the sum of RM795,000 and had not collected any fees from the businessman as his client was badly hit economically following the arrest.
“A team of lawyers handled Khairuddin's case from his detention at the Magistrates Court, to the High Court and up to the Federal Court in order to secure his release as he was charged under Section 124L of Sosma for allegedly being involved in activities which may disrupt the banking and financial sector,” he said.
Besides, Haniff, lawyers Abi Mursyidil Awal and Mohd Irzan Iswat also appeared for Khairuddin.
Meanwhile, senior federal counsel Andi Razali Jaya A Dadi appeared for the defendants.
The trial continues before Judicial Commissioner Quay Soon tomorrow.