KUALA LUMPUR: A Court Martial granted the preliminary objection by the defence in the case involving a RMAF officer who faces seven counts under the Armed Forces Act 1972.
Counsel Mohamed Hanipa Maidin, who appeared for Mej Zaidi Ahmad, raised the objection against the charges when the case was fixed for trial Tuesday.
A six-man panel headed by Kol Saadon Hasnan said the court would refer to the Convening Authority on the five charges while the two remaining charges remained.
Hanipa submitted that the first, second, third, fourth and fifth charges were willful disobedient of a lawful command, thus, there was no offence committed.
On the two remaining charges, Hanipa said the two short messaging services (SMS) which did not reveal the offences committed as there was no sedition or political motivated messages sent by Mej Zaidi.
Mej Zaidi, 47, who was attached to the Butterworth air base, faces two charges over a media statement on his dissatisfaction with the indelible ink in last year's general election and for making a statement without the approval of the Defence Ministry.
The offences were allegedly committed at the Kepala Batas police station on May 1 last year.
The third charge is for broadcasting official information via an “attachment out” signal to the media without the approval of the Armed Forces Council.
The fourth and fifth charges claimed that he made media statements on the same matter via the Armed Forces channel and without Defence Ministry’s consent, respectively.
Mej Zaidi is said to have committed the last three offences at Taman Bertam Indah, Kepala Batas, on May 3 last year, thus breaching the Armed Forces Council Order, Discipline and Security – Communication of Information and Publication of Articles by Members of the Armed Forces paras 3, 5 and 13.
Mej Zaidi, accused under Sections 50(2) and 51 of the Armed Forces Act 1972, claimed trial to sending two SMSes said to be politically-motivated while on duty at the Butterworth air base on May 1 last year.
The prosecution was led by Mej Ahmad Sanusi Ali. Hearing was fixed for June 10.
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