Court upholds ruling quashing MMEA officer’s dismissal over drug case

 Court of Appeal says the High Court made no error of law or fact warranting appellate intervention.

The Court of Appeal said the agency’s disciplinary board relied on inaccurate facts when concluding the officer was involved in a drug-trafficking offence.

PUTRAJAYA:

The Court of Appeal today dismissed the government’s appeal against a High Court decision which quashed the dismissal of a Malaysian Maritime Enforcement Agency (MMEA) officer following his drug-related conviction.

A three-member bench comprising Justices Choo Kah Sing, Ismail Brahim and Ahmad Fairuz Zainol Abidin held that the agency’s disciplinary board had considered irrelevant matters when deciding to terminate Firuz Alzarhari Abu Bakar’s service in December 2023.

Choo, who delivered the court’s decision, said the board relied on inaccurate facts when concluding that Firuz, 49, was involved in a drug-trafficking offence.

The judge said the High Court made no error of law or fact warranting appellate intervention.

The bench also ordered the government to pay Firuz RM30,000 in costs.

The facts of the case showed that Firuz, a senior petty officer with MMEA, was arrested by police at a petrol kiosk near KLIA on March 7, 2020.

On June 3, 2020, he was charged in the Sepang magistrates’ court with possessing cannabis and self-administering a dangerous drug.

Two years later, Firuz pleaded guilty to the charges and was ordered to enter into a three-year bond of good behaviour under Section 173A of the Criminal Procedure Code, with a bond of RM4,000 and one surety.

On Jan 2, 2024, Firuz was served with a notice of suspension dated Dec 21, 2023, issued by MMEA’s disciplinary board chairman.

Firuz was suspended from duty and, on the same day, served with a letter informing him that the agency had dismissed him from service.

It was undisputed that no hearing was held and no show-cause letter was issued to Firuz before the dismissal.

He argued that he was denied the right to be heard and an opportunity to explain the circumstances surrounding his criminal case and the background that led to him being placed on a bond of good behaviour instead of being sentenced to imprisonment.

His appeal to the disciplinary appeals board was also rejected, prompting him to seek judicial review to quash the dismissal.

Apart from the government, Firuz named the MMEA disciplinary board chairman, the home ministry and the public services department as respondents.

Lawyers Awang Armadajaya Awang Mahmud, Ridhwan Jalaluddin and Nur Amni Irdina Mat Ayob represented Firuz.

Senior federal counsel Sallehuddin Ali and federal counsel Ng Wei Lee appeared for the government. - FMT