Preliminary objection filed against Major Zaidi's application for judicial review

The Royal Malaysian Air Force (RMAF) convening authority has filed a preliminary objection at the High Court here on Thursday against former RMAF officer Major Zaidi Ahmad's application for leave for a judicial review concerning the decision to proceed his trial in Military Court.

The objection was filed by senior federal counsel Shamsul Bolhassan, who represented both respondents - RMAF chief Major General Datuk Azizool Arif Abdul Ghani and the court-martial - before Judge Datuk Asmabi Mohamad in chambers and in the presence of counsel Mohamed Hanipa Maidin, who represented Zaidi.

Speaking to reporters later, Shamsul said they filed the objection on grounds that it was academic and that the charges of misconduct faced by Zaidi had already been solved by the military court on Jan 12.

He said the High Court also set Feb 16 to decide on the preliminary objection.

Zaidi filed the application for leave on Dec 11, 2014, seeking 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 that he was not given a fair trial as there was an element of bias on the comment made by Military Court Presiding Officer Colonel Saadon Hasnan on the Malaysiakini web portal.

He claimed that Saadon had commented on the article published by the portal, titled "Lawyer: The Only Thing Major Zaidi Is Guilty of Is Being Brave" when the trial was ongoing.

On Jan 12, the five-member panel of the Military Court found 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.

He, 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.