KUALA LUMPUR, June 10 — The court-martial of an air force major over revelations made regarding the indelible ink used in Election 2013 pressed ahead today after it rejected his bid for a deferral to allow a judicial review of five “questionable” charges.
The defence team of Major Zaidi Ahmad had submitted the application for a stay of proceedings pending the review of the prosecution’s amendment of five of the seven charges proffered against him.
“The court has discussed at length and all arguments were analysed. So, to be fair to the air force and the accused, the objections raised by the defence team is rejected by the court,” Colonel Saadon Hasnan, who presided over the military court, said.
Lawyer Hanipa Maidin said the trial should be put on hold until the challenge against the five “questionable” amendments could be disposed off.
Last May after the early voting process, Zaidi lodged a police report claiming that the indelible ink used had come off easily when he washed his hands after casting his ballot.
His actions led to his court-martial on seven charges in February, on four counts of allegedly violating Malaysian Armed Forces Council orders and three other charges for making a media statement without authorisation and sending two text messages that were political in nature.
Five of the charges were thrown out in April, leaving two remaining against Zaidi for sending text messages that were political in nature.
The prosecution subsequently amended the five charges, initially under Section 50 (2) to Section 51 of the Armed Forces Act 1972.
Hanipa told reporters that the amendment to the charges were served on his client on June 3.
“We think that the prosecution does not have the authority to amend the charges to a new section,” he said in court.
The Sepang MP from PAS also said that it was unfair to charge Zaidi under a new provision in the law, when he was investigated under the previous one.
Although the prosecution team did not object to the judicial review, the panel of judges decided today that the trial will proceed.
“The amended charges is causing injustice to the accused and even the legality is questionable,” he said in court.
The panel of judges said, however, that it was premature to say the amended charges have caused injustice to Zaidi, when witnesses have not even called to the stand yet.
Zaidi claimed trial to all seven charges when they were read out today.
The trial has been postponed to tomorrow after the prosecution team said they needed more time to prepare their case due to “new developments” with the witnesses.
Today’s hearing was also attended by election watchdog Bersih 2.0 chairman Maria Chin Abdullah, Batu MP Chua Tian Chang, PAS deputy president Mohamad Sabu and Serdang MP Ong Kian Ming.
