This means, they will no longer be subjected to procedures under the Security Offences (Special Measures) Act 2012 (Sosma) when the prosecution conducts the trial in the lower court.

Since Sosma procedural law is inapplicable, both could remain free on bail pending the final disposal of their case at the highest court.

This came about today after a five-man Federal Court bench allowed the application by Khairuddin and Chang to strike out the government’s appeal against the decision of the Court of Appeal last year.

The reason is that the government lawyers did not serve a copy of the notice of appeal to both applicants after filing it in the Federal Court registry.

“It is mandatory for the notice of appeal to be served as provided for under section 88 (1) of the Federal Court Rules 1995,” said justice Hasan Lah, in setting forth the unanimous decision.

Since this was not done, he said, the notice of appeal by the government had been struck out.

Khairuddin’s lawyer, Mohamed Haniff Khatri Abdulla, said the step was taken as the public prosecutor had failed to personally serve on both accused a notice that they were appealing against the Court of Appeal ruling.

Instead, both only received a notification from the Federal Court registry that the government was appealing the Court of Appeal decision.

Haniff said failure to serve the government’s notice of appeal was also in breach of Sosma.

Khairuddin and Chang were jointly charged under Section 124L of the Penal Code following reports made against 1Malaysia Development Berhad (1MDB) with authorities in France, Hong Kong, Singapore, the United Kingdom and Switzerland.

The offence carries a jail term of up to 15 years.

The government wanted the pair to be tried before a High Court judge as, it said, the charge was a security-related offence.

Following their denial of bail, the two filed an application in the High Court to be tried in the lower court.

On Nov 18, 2015, High Court judge Mohd Azman Husin found the sabotage charge was not a security offence and Sosma procedures did not apply.

The judge proceeded to grant the pair bail at RM10,000 each in a single surety pending the outcome of their trial in the Sessions Court.

On Dec 13, the Court of Appeal dismissed the government’s appeal against the High Court ruling.

Haniff told reporters today that the trial of his client and Chang had been fixed before a Kuala Lumpur Sessions Court judge on May 11 and 12.

“Today’s ruling means that the Sosma procedure cannot be used in their trial as the charge is not a security offence,” he said, adding that both were ready for the case to begin.

The lawyer, however, said the government had the option to produce evidence in court or withdraw the charge for the trial judge to grant an acquittal.

Khairuddin, the former Batu Kawan Umno division vice-chief, said he was thankful for the verdict as he and Chang would not need to worry about their freedom while the trial or appeal was going on.

“However, my struggle to seek the truth on 1MDB funds, and ensure those responsible are punished, will continue,” he added.

Lawyer Zainur Zakaria appeared for Chang while Awang Armadajaya Awang Mahmud represented the government.