The Federal Court today dismissed the prosecution's appeal on the detention and trial of politician Khairuddin Abu Hassan and lawyer Matthias Chang under the Security Offences (Special Measures) Act 2012 (Sosma).
The five-member bench ruled that the prosecution's appeal was defective, as a notice of appeal to the Federal Court had not been served on the pair after the case at the High Court had been disposed of.
This follows the apex court allowing the motion, dated Feb 10, from Khairuddin and Chang on the matter.
"We agree with the applicants that under Rule 88(1) (of the Rules of the Federal Court), it is mandatory for the appellant (prosecution) to serve the notice of appeal.
"In our view, this was not done. We allow the (defendants') application and both appeals by the prosecution will be struck out," said Justice Hasan Lah...