THE Court of Appeal today set aside the decision of the Kota Baru High Court to award a former soldier RM300,000 in damages as a result of being detained in a lock-up by the armed forces for 311 days, from August 2014 until July 2015.

A panel of three judges, led by judge Azizah Nawawi, reached the decision. She sat together with Azimah Omar and Wong Kian Kheong.

“The court found that the judicial commissioner at the time, Mohamad Abazafree Mohd Abbas, erred in interpreting section 96(3) of the Armed Forces Act 1972 before deciding on damages to respondent Mohamad Maliki Abdul Halim.

“Therefore, we allow the government’s appeal and set aside the High Court’s decision,” said judge Azizah, who also ordered Maliki to pay RM40,000 in costs to all the appellants.

Apart from the government, the other appellants include the commanding officer of the 5th Battalion of the Royal Ranger Regiment Lt Col Shifullizan Abd Aziz and the chief of defence force.

At today’s proceedings, senior federal counsel Nur Ezdiani Roleb represented all the appellants while the respondent was represented by lawyer Shaharuddin Mohamed.

In September last year, Abazafree ordered Maliki, 35, to be awarded damages amounting to RM300,000, after finding that the arrest made against him was illegal and there was a flaw in the disciplinary action procedure, carried out recklessly.

In May 2018, Maliki filed a suit, claiming he was wrongfully arrested after being found positive for drugs in a preventive operation at the 5th Battalion of the Royal Ranger Regiment, Desa Pahlawan Camp, Kok Lanas, Kota  Baru, Kelantan, which had adversely affected his life and his family.

At the time of the arrest, Maliki was serving at the 5th Battalion of the Royal Ranger Regiment at its Desa Pahlawan Camp. – Bernama, September 14, 2023.