Zaidi Ahmad's bid for judicial review on Feb 16

Zaidi Ahmad - File pix

KUALA LUMPUR: Sacked Royal Malaysian Air Force (RMAF) officer Zaidi Ahmad is challenging the decision of his superior in refusing to dissolve the court-martial and to proceed with his trial over his media statement on indelible ink and transfer letter. 

However, his superior, convening authority RMAF Major-General Datuk Azizool Arif Abdul Ghani and the court-martial, named as respondents in his application for leave for a judicial review, is applying to dismiss it on the grounds that it is academic.

Senior Federal Counsel Shamsul Bolhassan, who appeared for both respondents, argued that the disputed decision was overtaken by events as the court-martial had dismissed Zaidi, 47, from service after finding him guilty on both charges.

He raised a preliminary objection saying that there was no use for this court to determine on the legality of the decision.

"There is no necessity for any dissolution of court-martial but (Zaidi should) instead challenge the decision to dismiss him from the service in a judicial review application," SFC Shamsul added.

However, his lead counsel Mohamed Hanipa Maidin submitted that the court has the discretion to hear and decide the matter even if it was academic as it was a case of public interest.

Mohamed Hanipa argued that Zaidi, who was then a major, did not receive a letter from the convening authority to confirm his dismissal from service.

Lawyer Gregory Das, who held a watching brief for Bar Council, told the judge that the case involved serious questions of law relating to the adherence of rules of natural justice by the administrative tribunal and adjudicating body within the military justice system.

Das also asked the court to take note of Section 122(2) of the Armed Forces Act that the finding of guilt or sentencing should not be treated as final until confirmed.

In chambers, High Court (Appellate and Special Powers) judge Justice Asmabi Mohamad set Feb 16 to decide on the preliminary objection against the application for leave for the judicial review after hearing the submissions by the parties on Thursday.

Speaking to reporters, Mohamed Hanipa said if the court was in their favour, the judicial review's order could be used to inform the convening authority to review or revoke Zaidi's dismissal order.

"Until we receive a letter from the convening authority, we cannot file a judicial review to challenge his dismissal order. We have 90 days from the day we receive the letter to file a judicial review," he added.

Zaidi, who is father of four, told reporters that the Air Force's chief had confirmed his dismissal on Jan 27 but he has yet to receive any letter on it.

"I have not received a letter if I can still use my rank," he said, adding that he is still entitled for pension and gratuity but did not know the exact amount.

Zaidi, who was dismissed after 26 years of service, said he is a sales agent for the past five months to support his family.

In his application for leave filed on Dec 11 last year, Zaidi is seeking to get a declaration that the decision of the convening authority in a letter dated Nov 20 last year directing the court-martial not to be dissolved and proceed with his trial was invalid and ought to be struck out.

Zaidi is also asking for a declaration that the decision of the court-martial dated Oct 27 last year to order him to enter defence over two charges was invalid and should be struck out. 

In January this year, Zaidi was dismissed from service by the court-martial for making media statements on the ineffectiveness of the indelible ink used during the 2013 general election, and releasing information about his transfer letter.