Major Zaidi fails in bid to dissolve panel

KUALA LUMPUR: The Convening Authority of Royal Malaysian Airforce Malaysia (RMAF) has rejected the application made by Major Zaidi Ahmad's (pix) defence to dissolve the five-member panel of the military court.
The defence team, led by lawyer Hanipa Maidin, made the application following the discovery of a biased comment by a member of the panel in an online news portal.
Zaidi, 45, a RMAF officer, pleaded not guilty to four counts of violating the Malaysian Armed Forces Council's orders on the use of the indelible ink during the 13th general election (GE13) last year.
Zaidi, from RMAF's Butterworth air base, also pleaded not guilty to three other charges, namely for making a media statement without the authorisation of the Defence Ministry, and sending two SMSes which were political in nature.
For the first and second charge, Zaidi is alleged to have issued a media statement on the indelible ink without the approval of the Defence Ministry and not going through military channels to voice his grievances.
He was alleged to have committed these offences at the compound of the Kepala Batas district police station on May 1, 2013.
For the sixth and seventh charge, Zaidi is alleged to have sent two SMSes which were political in nature and/or seditious while on duty at the Butterworth air base on May 1, 2013.
The charges were made under Section 50(2) and Section 51 of the Armed Forces Act 1972.
Zaidi is also charged with making a media statement expressing his disappointment on the indelible ink, which was supposed to be investigated through military channels.
He was also charged with leaking a circular on the indelible ink to the media without obtaining the approval of the Armed Forces Council.
The offences were allegedly committed at Taman Bertam Indah, Kepala Batas, Penang, on May 3, 2013.
Senior panel member Lt Col Zainurin Mohd Dom told that the convening authority made the decision as it was found there was no basis to defence team's claim of compromise in the trial.
"The convening authority was satisfied with the explanation that was provided and deemed the application made by the defence team has no basis. The trial must go on," he told the court.
Hanipa clearly dissatisfied with the decision made by convening authority said that if the court will not be dissolved then the presiding officer Col Saadon Hasnan would be called as the defence's witness.
"If the court does not allow for the presiding officer to take the stand as our witness, then we would like to take the case to the High Court for judicial review. And should the court proceed today despite our requests, the defence will not participate in the trial today," he asserted.
The panel, however, said should Saadon take the stand as witness the court would not be able to proceed as there will not be enough quorum.
The court then adjourned for 10 minutes to deliberate on the application made the defence. Upon returning, Zainurin said that Saadon could not be called as witness as the presiding officer's position is equivalent to a session court judge.
"The Armed Forces Act also states that the presiding officer cannot be compelled to take stand as witness. However, the defence can get the findings on the Convening Authority's decision," Zainurin said.
The military court is now postponed to Dec 15 to allow the defence to communicate with the convening authority.
"However, should the convening authority decide that the panel will not be dissolved, the court will proceed. The trial can only be adjourned if there is an order from the High Court," Saadon said.