KUALA LUMPUR, Dec 15 — Major Zaidi Ahmad, who is facing a court martial for alleged misconduct during the last national polls, decided today to remain silent and not call any witnesses for his defence.

His counsel, Nasar Khan Mirbas Khan, said it would be remiss for them to proceed with their defence in the case when they have already filed an application for judicial review on the case in the High Court.

“If we continue now, the whole judicial review would become academic. We cannot continue now and at the same time participate (in today’s proceedings).

“Officially there is no such option to not participate (in the proceedings), so we choose to remain silent,” Nasar told the five-man court panel.

The panel had earlier stressed that they cannot agree to yet another adjournment as requested by Zaidi’s counsel, as they were under strict orders to proceed with the trial, which they said has dragged on for “too long”.

“The court has no objection to a judicial review, but the court must continue with the case unless there is an order (to do otherwise) from our superiors or the High Court,” said Colonel Saadon Hassan, who is chairing the panel.

Also on the panel were Lieutenant-Colonel Zainurin Mohd Dom, Major Khairul Nizam Taib, Major Khusairi Mohd Arshad and Major S. Nadzeer Sallehuddin.

Following Zaidi’s decision to remain silent, the panel ruled that it will give a few days for the defence and prosecution to prepare their final submissions and present it to the court this Friday (December 19).

When met after the trial, Nasar said they are still undecided on whether to make any submissions on Friday, as he will need to consult will lead counsel Mohamed Hanipa Maidin and their client.

On October 27, the military court here ruled that the prosecution had succeeded in proving a prima facie case for two of five charges levied against Zaidi — for publishing an article without consent of the Defence Ministry, and revealing the contents of official documents on the ink without authorisation from the Malaysian Armed Forces Council.

The offences were committed at the compound of the Kepala Batas police headquarters on May 1 last year, and Taman Bertam Indah, Kepala Batas on May 3 respectively.

Zaidi, who as a military officer on duty had qualified to vote ahead of the public in the general elections last year, had lodged a police report claiming that the indelible ink used had come off easily when he washed his hands after casting his ballot.