Court of Appeal president Justice Raus Sharif pointed out on Friday that Khairuddin should not have filed the application as there was a related issue to be determined.

“The appeal (by the prosecution) on whether his charge, under Section 124L of the Penal Code for attempting sabotage, falls under the Security Offences (Special Measures) Act, was pending,” reminded the judge. “You cannot apply on a criminal charge when it has been stayed for appeal.”

Other judges in the panel included Justices Ahmadi Asnawi and Abdul Rahman Sebli.

The Court of Appeal will decide on the prosecution’s appeal against the High Court decision last year in favour of Khairuddin. The High Court said that his charge does not fall under Sosma, the Security Offences (Special Measures) Act.

Khairuddin failed in a bid on April 13 to strike out the same charge i.e. “attempting to sabotage” the banking and financial services of Malaysia.

He said the charge was “unconstitutional”. He argued that there was no “rightful” Attorney-General on October 12 last year when he was charged at the Magistrate’s Court.

Khairuddin and senior lawyer Matthias Chang, the co-accused, allegedly committed the “act” — “attempting sabotage” — in various countries including France, England, Switzerland, Hong Kong and Singapore between June 28 and August 26 last year.