PUTRAJAYA: A former soldier was allowed to proceed with his appeal against the court's decision to set aside RM300,000 in damages awarded to him as a result of being detained in a lock-up by the armed forces for 311 days, from August 2014 until July 2015.
This was after a Federal Court three-member bench led by Chief Judge of Sabah and Sarawak Tan Sri Abdul Rahman Sebli allowed Muhammad Maliki Abdul Halim's application to be given leave to pursue his appeal against the appellate court's decision to the Federal Court.
"We are of the view that the question of law proposed by the applicant has passed the threshold under Section 96 of the Courts of Judicature Act 1964 for leave to be granted. Therefore, the application is allowed," Justice Abdul Rahman said yesterday.
Also presiding on the bench were Federal Court judges Datuk Zabariah Mohd Yusof and Datuk Vazeer Alam Mydin Meera.
An applicant must obtain leave in order to proceed with the appeal to the Federal Court.
The proposed question allowed to be argued in the substantive appeal is whether an accused when investigated under the Armed Forces Act 1972 and the charge is not dealt with summarily, can be remanded automatically under Section 96 (3) of the said Act without having to consider the remand procedures under Section 94 of the Act and rules 4, 15 (1), 15 (2), 14, 16 (1) and 38 (1) of the Armed Forces (Court Martial) Rules of Procedures 1976 with regard to remand pending trial by a Court Martial.
Muhammad Maliki was represented by lawyer Datuk Hisyam Teh Poh Teik, Shaharuddin Mohamed, Low Wei Loke and Siti Summaiyah Ahmad Jaafar, while Senior Federal Counsel Mohammad Al-Saifi Hashim and Nur Ezdiani Roleb acted for the commanding officer of the 5th Battalion of the Royal Ranger Regiment Lt Col Shaifullizan Abd Aziz, the 8th Infantry Brigade, the armed forces chief and the government.
On Sept 14, 2023, the Court of Appeal set aside the decision of the Kota Baru High Court on Sept 12, 2022, which ordered Muhammad Maliki to be compensated RM300,000 in damages after finding that the arrest made against him was illegal and there was a flaw in the disciplinary action procedure which was done recklessly.
In May 2018, Mohamad Maliki filed a suit claiming that he was wrongfully arrested after being found positive for drugs in a preventive operation at the 5th Battalion of the Royal Ranger Regiment, Desa Pahlawan Camp, Kok Lanas, Kota Bharu, Kelantan, which had adversely affected his life and his family.
At the time of the arrest, Mohamad Maliki was serving at the 5th Battalion of the Royal Ranger Regiment at its Desa Pahlawan Camp.