PUTRAJAYA: A former soldier has been granted leave from the Federal Court to proceed with his appeal against the appellant court’s decision to set aside RM300,000 in damages awarded to him as a result of being detained in a lock-up by the Malaysian Armed Forces for 311 days, from August 2014 until July 2015.
This was after the Federal Court’s three-member bench led by Chief Judge of Sabah and Sarawak Tan Sri Abdul Rahman Sebli allowed Muhammad Maliki Abdul Halim’s application to pursue his appeal at the Federal Court against the Court of Appeal’s decision.
“We are of the view that the question of law proposed by the applicant has passed the threshold under Section 96 of the Courts of Judicature Act 1964 for leave to be granted. Therefore, the application is allowed,” Justice Abdul Rahman said here yesterday, Bernama reported.
Also presiding on the bench were Federal Court judges Justices Zabariah Mohd Yusof and Vazeer Alam Mydin Meera.
An applicant must obtain leave in order to proceed with the appeal to the Federal Court.
The proposed question allowed to be argued in the substantive appeal is whether an accused when investigated under the Armed Forces Act 1972, and the charge is not dealt with summarily, can be remanded automatically under Section 96(3) of the said Act.
This is without having to consider the remand procedures under Section 94 of the Act and Rules 4, 15(1), 15(2), 14, 16(1) and 38(1) of the Armed Forces (Court Martial) Rules of Procedures 1976 with regard to remand pending trial by a Court Martial.
