KUALA LUMPUR: The High Court has ruled that Datuk Seri Khairuddin Abu Hassan and his lawyer Matthias Chang cannot be charged under the Security Offences (Special Measures) Act 2012 over alleged sabotage of financial services.
They were also granted bail of RM10,000 each but ordered them to surrender their passports.
Following this decision, Justice Mohd Azman Husin ordered the case to be transferred back to the Sessions Court for trial.
Attorney General Tan Sri Mohamed Apandi Ali said he would appeal the ruling in the Court of Appeal.
Chang and Khairuddin, the former Batu Kawan Umno division vice-chairman were charged on Oct 12 with attempting to sabotage Malaysia's banking and financial services in several places overseas.
Magistrate Siti Radziah Kamarudin had on Oct 23 transferred the matter to the High Court.
Khairuddin and Chang allegedly committed the offence at five locations from June 28 to Aug 26, this year.
Both face a maximum of 15 years' jail under Section 124L of the Penal Code (Act 547) read together with Section 34 of the same Act upon conviction.
The locations are the office of the France Economic and Financial Crimes Division chief in Paris; Charing Cross Police station, London, United Kingdom; office of the Switzerland Attorney General in Bern; WaiChan Police station, Hongkong and Cantonment Police Headquarters, Singapore.
On Nov 3, the Federal Court ordered the High Court to decide if Chang and Khairuddin could be tried under Sosma.