Ex-army corporal loses suit over 364-day detention

The Kota Bharu High Court has dismissed a former army corporal’s suit against the armed forces and the government over his claim that he was unlawfully detained for 364 days.

Marzuki Mat Jusoh filed the suit in 2023 against two senior officers, the armed forces and the government.

He was convicted by a court martial in 2021 after testing positive for methamphetamine and amphetamine.

He was sentenced to four months’ imprisonment and dismissed from service.

Marzuki claimed he was unlawfully held under close arrest, a more restrictive form of military detention, for 52 days from May 6 to June 26, 2020, before being placed under open arrest, which allows greater freedom of movement subject to military restrictions, for a further 278 days until March 31, 2021.

The detention covered the period from the investigation into the offences until his court martial.

Judicial Commissioner Shamsul Bahrin Abdul Manaf ruled that Marzuki failed to prove his claim on a balance of probabilities.

The court held that both periods of arrest were lawful under Section 96(3) of the Armed Forces Act, which allows an officer accused of an offence to be remanded pending trial by court martial.

Shamsul also dismissed Marzuki’s application to declare Section 96(3) unconstitutional, ruling that the provision was clear and unambiguous.

The court ordered Marzuki to pay RM40,000 in costs to the government.