Former Royal Malaysian Air Force officer's application for a judicial review struck out

Former Royal Malaysian Air Force officer's application for a judicial review struck out
The High Court building in Kuala Lumpur, Malaysia.

KUALA LUMPUR: The High Court has struck out a former Royal Malaysian Air Force officer's application for a judicial review to challenge his superior's refusal to dissolve a court-martial and try him over his media statement on indelible ink and transfer letter.

The court also allowed a preliminary objection raised by Zaidi Ahmad's superior that the former major's application was academic.

In chambers yesterday, High Court (Appellate and Special Powers) judge Justice Asmabi Mohamad ordered Zaidi to pay RM2,000 (S$760) in costs to his superior, convening authority RMAF Mejar-Jeneral Datuk Azizool Arif Abdul Ghani, and the court-martial, named as the respondents.

Zaidi, who was sacked after 26 years of service, now works as a sales agent to support his family.

Speaking to reporters, Senior Federal Counsel Shamsul Bolhassan said the court exercised its discretion not to allow leave for a judicial review.

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

Zaidi's lawyer Azhana Mohd Khairudin said they would discuss whether to appeal against the court's decision or file a fresh judicial review to challenge his dismissal.

Lawyer Gregory Das, who held a watching brief for the Bar Council, said it was not the end of the road for Zaidi.

"He can file a fresh judicial review action against the decision of confirming authority which confirms the findings of the court-martial."

In his application for leave filed last year, Zaidi sought a declaration that the decision of the convening authority last year, directing the court-martial not be dissolved and proceed with his trial, was invalid and ought to be struck out.

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