Former Airforce Major Zaidi Ahmad's Fight For Justice Is Far From Over
The Last We Heard From Former Royal Malaysian Air Force (RMAF) Pilot Zaidi Ahmad, He Had Been Dismissed From The Air Force And Was Working As A Sales Agent
Though Zaidi Has Accepted His Fate, His Tussle With The Law And The RMAF Is Far For Over
Before The Court-Martial Conviction, Zaidi Filed For A Judicial Review On 11 December 2014 To Seek The High Court's Decision To Dissolve The Military Panel And To Void Their Verdict
Zaidi, 47, had filed for judicial review on December 11 last year to seek the High Court's declaration that the convening authority's decision is illegal and void, besides an order to compel it to dissolve the panel.themalaymailonline.com
On February 5, he will make a court appearance at the Kuala Lumpur High Court for a judicial review application filed earlier challenging the military's convening authority which had refused to dissolve the panel that tried him.themalaysianinsider.com
Zaidi Filed The Application Claiming That The Trial Was Unfair As Military Court Presiding Officer Colonel Saadon Hasnan Showed Element Of Biasness
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.freemalaysiatoday.com
Using a Facebook account under the name Saadon Tson, Col Saadon had allegedly made a comment in in response to an article "Peguam: Kesalahan Mejar Zaidi hanya kerana berani" (Lawyer: Major Zaidi charged for being courageous) published in Malaysiakini in its Bahasa Malaysia section on October 20, 2014. The user named Saadon Tson had said: "klu tak nak jd tentera duk kampung motong getah je" (If you don't want to be in the military, then stay in the village and tap rubber).themalaysianinsider.com
Today, RMAF Filed A Preliminary Objection Against Zaidi's Application, Saying That It Was Purely Theoretical And Has No Real Basis
The Royal Malaysian Air Force (RMAF) convening authority has filed a preliminary objection at the High Court here yesterday 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.freemalaysiatoday.com
According to senior federal counsel Shamsul Bolhassan, the judicial review bid was academic as the disputed military court panel had already found Zaidi guilty, arguing that the latter should directly challenge the sacking instead of seeking the panel's dissolution.themalaymailonline.com
Zaidi's Counsel Mohamed Hanipa Maidin Refuted The RMAF, Saying That Even If The Bid Was Academic, The Matter Is A Public Interest Issue
Zaidi's counsel Mohamed Hanipa Maidin said he had submitted that even if his client's bid was academic, the court still have power to hear the matter due to public interest.nst.com.my
Hanipa in reply to Shamsul said his client's judicial review application was not academic because it was filed soon after the court martial's convening authority refused to dissolve the bench hearing Zaidi's case.
"Unfortunately, the High Court did not fix a date to hear the application before Zaidi was dismissed from the air force," he said.
Hanipa said the preliminary objection should be dismissed as the matter involved a public interest issue.
Furthermore, Hanipa Says The Decision To Sack Zaidi Is Still Unofficial As They Have Yet To Receive It In Black And White
"As far as we are concerned, the decision has not been confirmed because we didn't receive in writing," he said. Hanipa also said his client has to wait for the letter confirming the sacking before he can file for another judicial review of the court martial's sentence.themalaymailonline.com
"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.thestar.com.my
The High Court Will Make The Decision On Whether To Approve Zaidi's Judicial Review On 16 February 2015
The High Court said today it will now decide on February 16 whether to strike out Zaidi’s judicial review bid on claims that the panel that sacked him from the air force was biased.themalaymailonline.com