Court orders council to reconvene inquiry into sailor’s death
KUALA LUMPUR: The High Court here yesterday had ordered the Malaysian Armed Forces Council to reconvene its inquiry to investigate whether a navy personnel, who died in detention, was physically and mentally abused while he was on duty onboard the navy frigate, KD Lekir.
Judge Datuk Nordin Hassan made the order after allowing an application by the wife and parents of the late Muhammad Lailaltulman Mohd Sukri, 26, a Laskar Kelas 1 (Able Rate) Royal Malaysian Navy (RMN) personnel.
The family members, who filed the application, were the deceased’s wife Nur Liya Asmira Yahya, 25, and parents Che Yah Che Cob and Mohd Sukri Salleh, both 53.
However, the court dismissed their judicial review application seeking an order to nullify the decision of the board of inquiry held on Sept 30 last year.
The court had only allowed their application to compel the council and the navy chief to reconvene a board of inquiry to investigate, among others, whether Lailaltulman was absent from duty and whether he was abused physically and mentally while he was on duty onboard KD Lekir.
This was informed by lawyer Lieutenant Commander (B) Zalil Mohd Mess, who was present during the hearing of the judicial review application yesterday.
Senior federal counsel Khairul Nizam Mohd Kamal acted for the council, navy chief, Western Fleet commander and commanding officer of KD Lekir, who were the first to fourth respondents in the application.
The applicants had filed the judicial review application on Dec 8 seeking a declaration that Lailaltulman’s detention from Sept 27 to Sept 29 last year was against the law. They sought an order to nullify the board’s decision, which was held by the respondents on Sept 30 the same year.
In the application, Lailaltulman’s family claimed on Sept 27 last year, the deceased was detained by the RMN provost personnel and was held for over 24 hours without a magistrate’s order.
They claimed that he died in custody in the Sungai Wangi Unit detention room in Perak on Sept 29 last year.
They contended that RMN had handed over his remains to be buried without informing them the cause of his death.
They claimed that until Oct 7 the same year, they still had not received any notice from RMN and other respondents on the outcome of the investigation.
On Oct 9 last year, the applicants had applied for a board of inquiry to convene proceedings to investigate the cause of Lailaltulman’s absence as it was said to be due to alleged bullying and physical and mental abuse at the KD Lekir by his team.
The applicants claimed that a board of inquiry proceedings held on Sept 30 last year were defective as they had denied the rights of the applicants.