High Court awards soldier RM210,000 for wrongful detention

High Court awards soldier RM210,000 for wrongful detention

Justice Anselm Charles Fernandis had in prior proceedings ruled that Fazli Fadzil’s detention and reduction in rank by the military were illegal.

The Melaka High Court said Fazli Fadzil’s 21-day detention by the military was procedurally irregular. (Pexels pic)
PETALING JAYA:
The High Court in Melaka has awarded a soldier RM210,000 in damages after finding procedural irregularities in his 21-day detention order.

Lawyer A Mathan said Justice Anselm Charles Fernandis ordered the government to pay his client, Fazli Fadzil, RM150,000 in damages for wrongful detention and mental torture.

Mathan told FMT the judge also ordered the government to pay Fazli an additional RM60,000 as exemplary damages.

In February 2022, Fazli was charged with arguing with his immediate superior who refused him leave to complete certain documentation at the defence ministry in Kuala Lumpur before early retirement.

As the charge was not serious enough to be brought before a military court, his superior officer dealt with it according to military procedures.

The superior officer found him guilty and sentenced him to 21 days in detention and ordered that his rank be downgraded from corporal to trooper (private).

Fazli turned to the High Court, seeking a declaration that the detention and drop in rank were illegal.

The 34-year-old filed an application for judicial review and named his commanding officer at Sungai Udang Camp, Lt-Kol Azran Alias, and the government as respondents.

In September 2022, the High Court allowed Fazli’s judicial review application after ruling that his detention was “invalid and illegal” due to procedural irregularities.

Fernandis also ordered Fazli’s rank of corporal to be restored and allowed damages, which would be determined after an assessment.

Zairani Tugiran appeared for the government.

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