Malaysia
Dead Navy man’s family files judicial review against Defence Ministry
Defence Minister Mohamad Sabu speaks to reporters after the launch of the International Association of Counterterrorism and Security Professionals counter-terrorism symposium in Kuala Lumpur August 27, 2018. u00e2u20acu201d Picture by Azinuddin Ghazali

KUALA LUMPUR, Jan 23 — The family of sailor Mohammad Lailatuliman Mohd Shukri who died in detention filed a judicial review against Defence Minister Mohamad Sabu through their legal representatives Zalil Mohd and Partners.

A press statement by the firm said the filing is due to the defence minister’s "delay in exercising his duty in the matter of the death of the Navy member in custody”.

It also claimed that under the tenure of former defence minister Datuk Seri Hishammuddin Hussein, the West Armada Admiral Laksamana Madya Datuk Pahlawan Mohamad Adib had convened an Inquiry Board on September 30, 2017, but it rushed through the case.

It further accused the Royal Malaysian Navy (RMN) of not notifying Mohammad Lailatuliman’s family of the inquiry; thereby breaching Section 147 (4) of the Armed Forces Act 1972 which requires witnesses and stakeholders’ representatives to be present during the inquiry.

"The wife and family of the deceased had made requests to the RMN and defence minister many times to attend (the inquiry) and have legal representation during the inquiry but received no answers.

"The applicants are forced to request the court to obtain a remedy so that the defence minister will allow the applicants to attend the inquiry under Section 147 (4) of the Armed Forces Act 1972.

"The current Inquiry Board is improperly convened by the West Armada chief (Laksamana Madya Datuk Rusli Ramli) and the applicants have begun proceedings against the RMN chief and Council of Armed Forces for failing to comply to the mandamus order to have a new inquiry board,” said the statement.

Mohammad Lailatuliman died in detention together with Nik Muhammad Baihaqy Nik Mat on September 29, 2017.

A post-mortem by the Pathology Department of the Raja Permaisuri Bainun Hospital found that the two sailors died due to bleeding of the lungs and blunt-force trauma on soft tissue, although an earlier statement by RMN claimed that they appeared to be exhausted and were vomiting and having breathing difficulties after undergoing physical training.

On October 1, 2017, RMN chief Admiral Tan Sri Ahmad Kamarulzaman Ahmad Badaruddin said, based on preliminary checks, the two sailors were in good health before their deaths.

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