Court orders fresh probe on death of navy man

KUALA LUMPUR: The High Court here yesterday ordered the Malaysian Armed Forces Council to set up a board of inquiry to determine whether Royal Malaysian Navy (RMN) seaman Muhammad Lailaltuiman Mohd Sukri, who died in a detention room in Sungai Wangi, Sitiawan, was mentally and physically abused while he was attached with KD LEKIR.

Judge Datuk Nordin Hassan issued the order after allowing a judicial review application by Muhammad Lailaltuiman's next-of-kin for the inquiry board to sit again to, among others, investigate the reason for the seaman's absence from work and also for his detention.

Lawyer Lieutenant Commander (Rtd) Zalil Mohd Mess, representing Muhammad Lailaltuiman's family, told reporters that the application was filed on Dec 8, 2017 by the deceased's wife, Nur Liya Asmira Yahya, 25, and his parents Che Yah Che Cob and Mohd Sukri Salleh, both 53.

They named the Malaysian Armed Forces Council, RMN Chief, RMN Western Fleet commander and Commanding Officer of KD Lekir as respondents.

At yesterday's proceeding, the respondents were represented by senior federal counsel Khairul Nizam Mohd Kamal.

In the application, they are seeking, among others, a declaration that Muhammad Lailaltuiman's detention from 9.30 pm on Sept 27, 2017 to 3.24 pm on Sept 29, 2017 was unlawful and a court order to declare as null and void the findings and decision of the Board of Inquiry , dated Sept 30, 2017.

They claimed that Muhammad Lailaltuiman, who was Able Seaman, was arrested by the RMN Provost Marshall at 9.30 pm on Sept 26, 2017 and was in intensive detention for more than 24 hours by the commanding officer of KD Lekir (fourth respondent) without any order from a magistrate before he was found dead on Sept 29, 2017.

They claimed that they were not informed on the cause of Muhammad Lailaltuiman's death and RMN only handed over his remains for burial to the family in Rantau Panjang, Kelantan, on the same day (Sept 29).

They claimed that they were informed on the setting up of the board of inquiry, with the scope of investigation was to determine the duration Muhammad Lailaltuiman was alleged to have been absent from work.

They claimed the board of inquiry was a flaw as they were not called to testify on the physical and mental abuse suffered by Muhammad Lailaltuiman.

A police report was lodged by Muhammad Lailaltuiman's mother at the Pasir Mas police station in Kelantan on Oct 16, 2017 on the alleged abuse against his son. - Bernama