KUALA LUMPUR: The High Court will decide on Feb 16 whether to strike out a bid to dissolve a martial court that sacked Royal Malaysian Air Force senior officer Major Zaidi Ahmad.
Judge Datuk Asmabi Mohamad set the date after hearing the application by senior federal counsel Shamsul Bolhassan while in chambers today.
After the matter, Shamsul – who represented applicants RMAF Major-General Datuk Azizool Arif Abdul Ghani and the martial court – said he submitted that Zaidi's bid was academic and had been overtaken by events.
Shamsul was referring to the martial court's decision on Jan 12, which sacked Zaidi for issuing unauthorised media statement over the indelible ink issue linked to the 13th General Election and for leaking his transfer letter to the press.
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.
On Dec 11 last year, Zaidi had filed a judicial review application to reverse Azizool's refusal to dissolve the five-man martial court panel, which were then still hearing his case.
Zaidi had sought the dissolution on grounds that the panel was biased as allegedly shown by a comment by its chairman, Colonel Saadon Hasnan, purportedly posted on Facebook on Oct 20 last year.
On Jan 12, the panel – also presided by Lieutenant-Colonel Zainurin Mohd Dom, Major Khuzairi Mohd Arshad, Major Khairul Nizam Taib and Major S. Nadzeer Salahuddin – expelled Zaidi, 45, from the RMAF.
Zaidi, who was from RMAF's Butterworth airbase, was previously charged with seven counts; four relating to violating the Armed Forces Council's orders on the use of the indelible ink during GE13, one for issuing a medic statement and two for leaking the transfer letter.
The offences allegedly took place at the Kepala Batas police district headquarters and Taman Bertam Indah in Penang between May 1 and May 3, 2013.
However the panel only convicted Zaidi on two charges: making a media statement over the indelible ink issue and leaking his transfer letter to the press.
It had earlier acquitted him of the other five charges.