Court throws out Major Zaidi's bid for judicial review

The High Court here Monday dismissed an application for leave for judicial review filed by former senior officer of Royal Malaysian Air Force (RMAF), Major Zaidi Ahmad to challenge the decision of the Military Court to continue hearing the case, last year.

Judge Datuk Asmabi Mohamad refused the application in his chambers with the cost of RM2,000 after allowing a preliminary objection raised by Major General Datuk Azizool Arif Abdul Ghani on the capacity of the air force’s convening authority and the Military Court.

Senior Federal counsel, Shamsul Bolhassan, representing Azizool and the Military Court told reporters that judge Datuk Asmabi Mohamad struck out Zaidi’s application on academic grounds as the Military Court had decided against Zaidi on Jan 12.

Meanwhile, Zaidi's councel Azhana Mohd Khairudin said his client still reserves the right to file for a fresh judicial review to challenge his sacking and he (Zaidi) has another remedy and can now file for a judicial review against the Military Court’s decision against him.

"We will get further instructions from my client whether to appeal this decision or file a new judicial review," he said.

On Dec 11, 2014, Zaidi, 45, filed an application naming Azizool and the Military Court as respondents.

In his application, he sought to get a declaration that the decision of the convening authority in the 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.

In the application, Zaidi claimed he was not given a fair trial because there was an element of bias on the comment made by the Military Court Presiding Officer Colonel Saadoon Hasnan in a news portal.

On Jan 12, the five-member panel of the Military Court headed by Saadoon sacked Zaidi after finding him guilty of two counts of breaching military procedures for making media statements on the ineffectiveness of indelible ink used in the 13th general election.

Zaidi, however, was acquitted and discharged of five other charges, including violating the Malaysian Armed Forces Council's orders and sending text messages which were political in nature.

Meanwhile, Zaidi told reporters that he was disappointed with the decision.