Indelible ink and unread rules: the trial continues

Major Zaidi Ahmad, RMAF

The Malay Mail Online is providing smart coverage of the Great Indelible Ink Case. Here's the latest from Kuala Lumpur, under this eye-catching headline: "Nobody reads all the rules, witness tells Air Force major’s court martial":

The officer tasked with maintaining the standing orders that an Air Force major is accused of violating by publicising weaknesses with the indelible ink used during Election 2013 told a court martial today that even he did not read the military rules in full.

Instead, Captain Raja Zulmaulana Raja Hassan, the sixth prosecution witness in the trial of Major Zaidi Ahmad, told the military court that he had merely read the subheadings of the standing orders, and only from sections A to N.

This is despite him being tasked with keeping and maintaining a copy of the standing orders for his unit as well as to explain the directives to air force members who would go to him to read the rulebook.

He also conceded that there were directives for every member of the Air Force to read and understand the standing orders issued in full.

“Most of them who came to read the standing orders spent at least 30 minutes each but most can’t finish reading the whole thing,” he told the court when he was cross-examined by Zaidi’s lawyer, Hanipa Maidin.

When asked if anyone could read the standing orders in full within half an hour, he said “impossible”.

Among others, Zaid is accused of violating the Air Force’s standing orders, which state that its members are not allowed to make any statement to the media without authorisation from the top leadership.

After the early voting process for Election 2013 in May, Zaidi lodged a police report claiming that the indelible ink used to prevent repeat voting had come off easily when he washed his hands after casting his ballot.

His actions led to his court-martial on seven charges in February this year, on four counts of allegedly violating Malaysian Armed Forces Council orders and three other charges for making a media statement without authorisation and sending two text messages that were political in nature.

Five of the charges were thrown out in April, leaving two remaining against Zaidi for sending the text messages..

The prosecution subsequently amended the five charges, initially under Section 50 (2) to Section 51 of the Armed Forces Act 1972.

Raja Zulmaulana also said he did not keep records of which of his colleagues have gone to him to read the rulebook.

When Hanipa asked him if he had suggested that a copy was given to each of the military men, he said “No, the cost would be too high”.

Meanwhile, Flight Sergeant Kamarul Asmawi Riguan, the seventh witness called to the stand, told the court that Major Mohd Shahrul Naim Salleh had instructed him and several other officers to be in front of the Maybank branch in Kepala Batas, Penang, in the morning on May 1, where Zaidi was expected to be present before lodging a report at the Kepala Batas Police headquarters across the road.

The trial continues tomorrow.

Editor's note: This report brings to mind United States v. Tolkach, 14 M.J. 239 (C.M.A. 1982).