A three-member apex court bench, chaired by Chief Judge of Sabah and Sarawak Abdul Rahman Sebli, allowed Maliki Halim’s application for leave to appeal a Court of Appeal ruling that set aside the judgment last year.
“We are of the view that the applicant has crossed the threshold under Section 96 of the Courts of Judicature Act to have his appeal heard,” said Rahman.
Also on the panel hearing the application were Justices Zabariah Yusof and Vazeer Alam Mydin Meera.
To secure leave, applicants must satisfy the court that their appeals raise novel legal and constitutional questions of public importance for the first time.
The apex court agreed to grant Maliki leave based on one question of law – whether an accused can be remanded automatically under Section 96(3) of the Armed Forces Act 1972 without considering the remand procedures under the Armed Forces (Court Martial) Rules of Procedures 1976 pending trial by a military court.
Lawyers Hisyam Teh Poh Teik, Shaharuddin Mohamed, Low Wei Loke and Siti Summaiyah Ahmad Jaafar represented Maliki, while senior federal counsel Al-Saifi Hashim appeared for the government.
Maliki had tested positive for ketamine during a drug prevention operation conducted at the 5th Royal Ranger Regiment battalion at its Desa Pahlawan camp in Kota Bharu, Kelantan, in March 2014.
He pleaded not guilty in the military court but was subjected to strict detention, pursuant to which he was confined to a cell for 311 days until July 3, 2015.
Maliki filed a suit for wrongful detention, naming the 5th Royal Ranger Regiment battalion commander Shifullizan Abd Aziz, the 8th Infantry Brigade, the armed forces chief and the government as respondents.
Justice Abazafree Abbas ruled that Maliki’s detention was invalid as there were irregularities in the disciplinary proceedings against him. Maliki was awarded damages of RM300,000.
However, on Sept 14 last year, the Court of Appeal overturned the judgment and ordered Maliki to pay the government RM40,000 in costs, giving rise to the present appeal to the Federal Court.