The former officers are to be paid all salaries, emoluments and benefits they would have received from the date of their convictions until their scheduled retirement.
The court ordered the government to pay all salaries, emoluments and benefits to which Zulzamri Harun and Norisam Abdullah were entitled from the date of their convictions until their scheduled retirement on Oct 17, 2024, as well as their rightful retirement benefits.
Zulzamri and Norisam were found guilty by a court-martial on Nov 29, 2023 after testing positive for methamphetamine and amphetamine. Their four-month jail sentences were confirmed on Feb 6, 2024, and both officers were dismissed from service on May 1, 2024.
They filed judicial review applications last month to challenge the court-martial decision.
Judicial commissioner Yusrin Faidz Yusoff, in granting their challenge, noted that the applicants were stationed at the Gong Kedak Air Base in Jerteh throughout their service.
“They were only temporarily moved to Kuala Lumpur for the military court hearings but were never officially transferred,” Yusrin said in the Feb 19 ruling.
“The jurisdictional defect is not a technical or procedural irregularity. It is a fundamental lack of authority to try them.”
Yusrin also noted that the senior officer who convened the court-martial proceedings was not their direct superior, and therefore had no command over them.
“The senior officer was a staff officer performing legal administration and advisory functions, not operational functions,” Yusrin said.
The court also found that the urine sample collection process did not comply with health ministry procedures.
Zulzamri and Norisam were absent when the samples were sealed, and a second test result requested by the officers was never presented during the military proceedings. - FMT
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