A Royal Malaysian Air Force sergeant admitted to the Armed Forces Military Court today that he deleted a recording allegedly showing Major Zaidi Ahmad giving a press conference on the failure of the indelible ink on March 1, 2013, after transferring the content to a laptop.

RMAF Sergeant Mohd Khairul Nizam Ishak, who is attached to the Physical Safety and Crime Prevetion Division, said the laptop is owned by the Air Force Provost Marshal's Department.

Mohd Khairul who was the first witness in the trial, told Zaidi’s counsel Mohd Hanipa Maidin that the recording done with his mobile phone.

Zaidi ( right ) is facing seven charges under the Armed Forces Act 1972 for reporting to the press about indelible ink used in the 13th general election of May last year.

Mohd Khairul admitted that he followed Zaidi who lodged a police report over the indelible ink used on the voter’s finger in GE13, at the Kepala Batas district police station on May 1 last year, after the postal votes had been cast.

Hanipa: When you deleted the original recording, you were erasing evidence. Is this correct?

Khairul Nizam: Correct.

Hanipa: Do you agree or not, sergeant, that erasing an evidence is an offence?

Khairul Nizam: No.

Hanipa: Do you know the charge that Zaidi is facing?

Khairul Nizam: No.

Hanipa: I put it to you that what you claimed was a media conference, was only an assumption?"

Khairul Nizam: No.

Questioned by Major Sanusi Ali during his examination-in-chief, Khairul Nizam said he did not commit any offence as he was merely following orders from his superior to delete the recording from his mobile phone so that it would not spread in the public domain.

Ahmad Sanusi: Why did you delete?

Khairul Nizam: I was given the order by Lt-Colonel Rosli to delete the recording so it would not spread. I do not agree that deleting the recording is an offence as I was ordered to delete it.

Rosli is the chief officer in the Air Force Provost Marshal's Department and he was later identified by the second witness as Lt-Col Mohammad Rosli Yaakob.

Rosli and other officers from the department came to the Butterworth Air Force base at 9pm on May 1 last year after Zaidi lodged the report.

The Provost division is in charge of arresting air force personnel who had committed offence.

Khairul Nizam agreed with Hanipa that Zaidi in his statement had made the revelation as a responsible citizen and not in his capacity as an armed forces officer.

'Zaidi's report had nothing to do with his job'

The witness also agreed with the lawyer that the indelible ink issue should be investigated by the Election Commission and Zaidi’s police report has nothing to do with the Air Force major’s job in the armed forces.

Khairul Nizam is the first of 17 witnesses scheduled to testify in the trial.

Zaidi faces seven charges under Section 51 of the Armed Forces Act 1972 for not abiding his superior's order and giving media statements over the indelible ink's failure to last.

It was previously reported the ink could last for seven days but as claimed nationwide, it could be washed off within the same day.

If convicted Zaidi stands to face two years’ jail or be discharged from the force for each charge.

Besides Hanipa, Zaidi was represented by Nasar Khan Mirbaz Khan and Aminuddin Zulkipli, while Major Ahmad Azam Soip and Captain Ross Anuar Aripin are assisting Ahmad Sanusi in the prosecution.

Hearing continues tomorrow.

RMAF detective posed as reporter to snare Zaidi