In an ex parte notice of motion filed last month, former flight sergeant Ahmad Zaini Zainon said he was seeking leave of the Court of Appeal to commit the air force chief to prison for disrespecting a court order which allowed his appeal.

Zaini, 42, wants the court to order the air force chief, named as the third respondent, to immediately convene a military court sitting, as ordered by the Court of Appeal on May 20.

He also wants the air force chief to pay the costs of the application and for other relief deemed fit by the court.

Lawyer Aizat Adli, representing Zaini, said the court had fixed the application for case management on Oct 21.

Zaini said he had served a sealed copy of the court order on the air force chief and two other respondents – the officer-in-charge of the Sendayan air base, and the chairman and members of the air force’s court martial – giving them 14 days to comply with the order.

“The respondents failed, refused, neglected and/or omitted to comply with the judgment as at July 10, 2025, the date the deadline set in the notice expired,” the notice said.

He said the respondent also refused to act despite a second notice sent on July 16, which included a demand for payment of RM15,000 in costs as ordered by the court, which has since been paid.

In his affidavit in support of the motion, Zaini said the refusal of the air force chief to obey the court order was tantamount to an affront to the administration of justice.

On Sept 22, 2021, Zaini was found guilty by a military court of drug abuse and was sentenced to 150 days in jail.

He was subsequently sacked from the air force.

He filed a judicial review at the High Court in Shah Alam to have the Sendayan air force court martial decision quashed, but his application was dismissed.

On appeal, a three-member bench chaired by Justice S Nantha Balan unanimously ordered a retrial.

Aizat said the respondents did not file for leave to appeal the Court of Appeal ruling to the Federal Court within the 30-day period stipulated by law.