Former soldier loses Federal Court appeal to reinstate RM30,000 wrongful detention award over 311-day detention pending court-martial for drug offence
PUTRAJAYA: The Federal Court has dismissed a former soldier’s appeal to reinstate a High Court decision awarding him RM30,000 for wrongful detention spanning 311 days.
A three-member bench led by Chief Justice Datuk Seri Wan Ahmad Farid Wan Salleh upheld the Court of Appeal’s decision that had set aside the earlier High Court judgment.
Justice Datuk Nordin Hassan, delivering the court’s decision, stated the detention was lawful under Section 96(3) of the Armed Forces Act and Rule 16(1) of the Armed Forces Rules of Procedure 1976.
“We find there is no breach of Article 5(1) of the Federal Constitution as the appellant was detained during the said period in accordance with the law,” he said.
Justice Nordin emphasized that both legislations were valid laws passed by Parliament to govern military personnel.
He noted the word “shall” in Section 96(3) denoted mandatory requirement for army discipline compliance.
Muhammad Maliki Abdul Halim, formerly of the 5th Battalion Royal Ranger Regiment, had tested positive for drugs during a March 2014 drug prevention operation.
The court found his case involved consumption of dangerous drugs, a serious offence under Section 51 of the Armed Forces Act.
Muhammad Maliki had been placed under close arrest pending investigation and later during court-martial proceedings.
He subsequently filed a civil suit for wrongful detention from August 2014 until July 2015.
The High Court initially ruled his detention invalid and awarded him RM300,000 in damages.
The Court of Appeal overturned this judgment in 2023, leading to Muhammad Maliki’s Federal Court appeal.
Muhammad Maliki was represented by lawyers Shaharuddin Mohamed and Low Wei Loke during the proceedings.
Senior federal counsel Nur Ezdiani Roleb appeared for the respondents in the case. – Bernama
