Ahmad Kamal Md Shahid JCA:

Introduction

[1] This is an appeal by Sarjan (U) Ahmad Zaini Bin Zainon (the Appellant) against the decision of the High Court dated 6 February 2024 in dismissing the Appellant's application for Judicial Review (JR) wherein the Appellant sought to obtain an Order of Certiorari to quash the Sendayan Air Force Court-Martial (the Court-Martial) dated 22 September 2021 (the Decision) which found the Appellant guilty of the charge of contravening Standing Order under s 51 of the Armed Forces Act 1972 (the Act) and subsequently sentenced the Appellant to a term of imprisonment for a period of 150 days under the same section,

[2] We heard the arguments of the parties on 22 January 2025 and 19 March 2025, and thereafter reserved our decision. On 20 May 2025 we allowed the Appellant's appeal and ordered the case to be remitted for retrial before a reconstituted Court-Martial. Our reasons now follow.

Background Facts

[3] The Appellant is a former Sarjan Udara of the Malaysian Air Force and was stationed at Cawangan Tadbir, Pengkalan Udara Jugra, Banting from 3 July 2017 until 22 April 2022.

[4] Pursuant to s 51 of the Act, the Appellant was charged as follows:

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