The main witness in the trial of Major Zaidi Ahmad in Kuala Lumpur said today Zaidi is not guilty of committing an offence according to military law.

Zaidi is on trial in a Military Court for reporting to the press about indelible ink used in the 13th general election in May last year.

Lt-Col Mohammad Rosli Yaacob, who is acting as the head of the board of inquiry in the case, said so when asked by defence counsel Hanipa Maidin ( on the left ).

Rosli agreed that elections matters were not related to military matters, as referred to in the Order of the Armed Forces No 13 (1961) Discipline and Security – Communication of Information and Publication of Articles by Members of the Armed Forces.

This was contained in the charge against Zaidi who was accused of giving media statements without the permission of his superiors.

“I said that the offence discussed in Article 13 is related to Article 12.

“It is an offence only if Major Zaidi publishes his own article related to military matters. Do you agree with me?” Hanipa asked Rosli.

“Yes,” Rosli replied, curtly.

However, when asked by the prosecution team, Rosli explained that Zaidi still had to obtain the permission of his superiors before making any media statement.

“I agree that election matters have no relation to military matters, but this is about obtaining permission to hold a press conference.

“Permission must first be obtained from the higher-ups,” Rosli said in reply to Major Ahmad Azam Soip.

Article 12 refers to obtaining approval two weeks before a soldier publishes a statement through newspapers or journals.

Earlier, Rosli raised his voice during the hearing when Hanipa pressed him to answer questions regarding Article 13.

Hanipa: What is said to be an offence is if he (Zaidi) publishes a publication related to military affairs or his duties, that is what is prohibited under Article 13.

Rosli: Disagree.

Hanipa: Disagree, because did you understand... (Rosli interrupts)

Rosli: I understand! I did the investigation!

The prosecutor then objected to Hanipa’s question, but the court did not allow the objection on grounds that the defendant’s lawyers have a right to cross-examine witnesses.

Counsel accused of ‘spinning’ his question

Rosli, who appeared enraged, accused Hanipa of “spinning” his question to trap him, but Hanipa denied this.

“I have no intention of spinning (questions), maybe you have spun it yourself. Sorry if you have spun it yourself,” he told Rosli.

Major Zaidi Ahmad, a fighter pilot with the Royal Malaysian Air Force, is facing seven charges under Section 51 of the Armed Forces Act 1972.

If convicted, Zaidi faces up to two years imprisonment or any lesser punishment, including dismissal.

The prosecution is being conducted by Major Ahmad Sanusi Ali, Major Ahmad Azam Soip, dan Captain Ross Anuar Aripin.

The case is being heard before Colonel Saadon Hasnan as court martial president alongside five members, namely Lieutenant-Colonel Zainurin Mohd Dom, Major Khuzairi Mohd Arshad, Major Khairul Nizam Taib, Major S Nadzeer Sallehuddin and Major Noor Azman Ahmad.

Meanwhile, Zaidi is represented by Hanipa, Nasar Khan Mirbaz, and Aminuddin Zulkipli.

The hearing today has been adjourned until Sept 2 at 9am.