On 23/9/2015, when the courts released him after possibly denying the police application for further remand, Khairruddin was immediately re-arrested for allegedly committing offences under Section 124K and 124L of the Penal Code. This would be the offence of committing ‘sabotage’ and attempting to do so respectively.
Normally, when a person is arrested, being suspected of committing a criminal offence, the procedures and rights that are provided for in the Criminal Procedure Code applies. The police after arrest, can hold a suspect for no longer than 24 hours, and thereafter, if there is a need for further remand for the purposes of investigation, the police need to apply to the Magistrate for a remand order. Subsequent remand applications are permitted, whereby the total period of permissible detention for this purpose is 14 days. The Malaysian law now also sets limits on the maximum number of days of remand that can be granted by court on the first application, and applications thereafter.
Following the 2nd arrest of Khairuddin, the police allegedly stated that they would now rely on the Security Offences (Special Measures) Act 2012 (SOSMA), rather than the normal Criminal Procedure Code(CPC).
Avoiding normal procedures, safeguards and rights by invoking SOSMA
MADPET reiterates the importance of adhering to legal principle that a person is presumed innocent unless proven guilty, and this ‘proof of guilt’ is not a matter to be determined by the police, prosecution and/or the Minister, but by a court of law.
a) The immediate release of Datuk Seri Khairuddin Abu Hassan;
b) The immediate stop of the usage of Security Offences (Special Measures) Act 2012 (SOSMA) in this and all other cases in Malaysia;
c) The repeal of this draconian Security Offences (Special Measures) Act 2012 (SOSMA); and also
d) The removal of all offences in our laws that criminalizes activities ‘detrimental to parliamentary democracy’, which is just too vague and as such could be easily abused.