Major Zaidi Ahmad's lawyer, Mohd Hanipa Maidin, said the defence decided not to participate in today's military court decision in protest against biased rulings made by the panel.

 

Hanipa, a PAS central committee member, described Zaidi's case as “a travesty of justice” following the court's decision in finding his client guilty and dismissing him from the force despite a stellar career.

 

His reasons for not attending the case today include:

  • No written grounds given in maintaining the remaining two charges, although the court had decided to drop five of the seven charges;

 

  • The presiding judge Colonel Saadon Hasnan had made an adverse posting on Zaidi's Facebook page before calling Zaidi's defence. Following this, his lawyers have alleged bias;
  •  

  • Zaidi had made an affidavit over the Facebook posting, and this was not rebutted by Saadon or other court judges.
  • Hanipa said if Saadon wanted to deny it, he should have lodged a police report or submitted an affidavit in reply.

    “To my understanding there was no police report lodged”;

     

  • The hearing to disqualify the panel was not entertained following the posting;
  •  

  • The defence wanted to call Saadon as a defence witness, but this was also turned down by the court; and
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  • The defence wanted to have the court declare this as a mistrial, and this too was thrown out by the military court. 
  • Based on these circumstances, Hanipa said it was impossible for him to participate in the military court.

     

    Look in the mirror

     

    The Sepang MP said before threatening to cite Zaidi for contempt, the military court should look itself in the mirror and consider how it had breached natural justice.

     

    "As Saadon is the presiding officer, we truly felt there is a miscarriage of justice when our application to disqualify him or to call him as a witness was dismissed," he told Malaysiakini .

     

    Zaidi was today dismissed from the Royal Malaysian Air Force for making a statement to the media about the deficiency of the indelible ink to the media during the 13th general election, without authorisation from his superior.

    Zaidi was defiant in court and pointed out that the he and the judges are officers of the same rank.

    However, Saadon cut short Zaidi's remark by reminding the RMAF officer to speak politely or he would be cited for contempt.

    Zaidi has refused to appeal the guilty verdict. He had earlier filed a judicial review with the High Court in Kuala Lumpur, challenging the legality of the military court proceeding.

    The hearing for permission to initiate the judicial review is fixed for next month.

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