The Bar Council has urged the military court to halt proceedings of Major Zaidi Ahmad’s case until the allegation of bias against the presiding officer is cleared.

 

The presiding officer, Colonel Saadon Hasnon, was alleged to have made a prejudicial comment in a Malaysiakini article regarding the case.

 

Zaidi had said indelible ink used in the May 5 general election last year, could be washed off.

 

“The Malaysian Bar urges the court martial of Major Zaidi Ahmad to halt its proceedings until the conclusion of the judicial review in the High Court, in light of the gravity of the allegation against the court martial’s presiding officer.

 

“This is critical, so as to ensure that its decision is not tainted by bias, and to avoid compromising the integrity of its proceedings,” said Bar Council vice-president Steven Thiru ( left ) in a statement today.

 

Steven also said that Zaidi, through his lawyers, previously had applied to dissolve the court martial but was dismissed.

 

“The court martial referred the application to the convening authority for determination, but the latter dismissed the application without according Major Zaidi Ahmad the right to be heard.

 

"The court martial then decided to proceed with the matter, which has been fixed for continued hearing on Dec 15 ,” Steven said. 

 

He added that Zaidi would be applying for a judicial review under the High Court to “to scrutinise the decision-making process of the court martial and decide whether the proceedings have been infected with bias”.

 

Steven also said that the Bar Council wants the military court to hold a fair trial and if it does not allow the judicial review it would be an “injustice” to Zaidi and bring the system into “disrepute”.

 

Zaidi was charged with breaching paragraph 13 of the Armed Forces Council Order No 13, Year 1961 by making a media statement on indelible ink without getting prior approval from the Defence Ministry.

 

He was also charged with breaching paragraph 3 by showing official communications to media without prior approval from the Armed Forces Council.