JUDGMENT

Wong Kian Kheong JCA:

A. Introduction

[1] The above two appeals (2 Appeals) are heard together as these 2 Appeals emanated from one trial in the High Court .

[2] These 2 Appeals discuss the following main question, namely, where-

(1) a "serviceman" [defined in s 2 of the Armed Forces Act 1972 (AFA)] of the Armed Forces (Accused) was brought before the "commanding officer" (as understood in s 2 AFA) (Commanding Officer) of the Accused on the ground that the Accused had committed an offence under the AFA (Alleged Offence);

(2) the Commanding Officer decided to arrest and detain the Accused by way of "close arrest (tahanan ketat atau tahanan rapi) pending the completion of the Commanding Officer's investigation regarding the Alleged Offence (Investigation); and

(3) after the completion of the Investigation, the Accused was charged by the Commanding Officer with regard to the Alleged Offence (Charge)-

(a) the Commanding Officer "determined" that the Accused was guilty of the Charge but before recording the finding that the Accused was guilty of the Charge, the Commanding Officer gave the Accused an opportunity to elect to be tried by a " Court -martial" (within the meaning in s 2 rea