Ex-DSP wins appeal against sacking
Abdul Ghani to be reinstated with his rank and pay, court rules
KUALA LUMPUR: A former DSP, who was sacked from the force for allegedly allowing his girlfriend access to his thumb drive containing classified information and having an affair with her, has won his appeal against his dismissal.
Abdul Ghani Che Mat, 58, who is married with six children, had earlier filed a judicial review challenging the order, which was dismissed by the High Court.
Subsequently, he appealed to the Court of Appeal, which ruled in his favour.
Court of Appeal judge Justice Abdul Rahman Sebli said the panel viewed that “the finding of guilt against Abdul Ghani by the disciplinary authority was reached without strict adherence to the rule against procedural unfairness, which was manifestly unjust to the appellant, given the severity of punishment that awaited him”.
Such an investigation committee was necessary as it would allow Abdul Ghani to present his case, he said in his written judgment dated Nov 21, seen by The Star.
Abdul Rahman said the appellant, in his letter of representation, had informed the disciplinary authority that he (Abdul Ghani) had an independent witness to prove that the thumb drive was stolen from him by the complainant.
Abdul Ghani also stated that the statements of five witnesses, whom he had named and who he claimed could support his defence, were not recorded by the investigating authority, the judge said.
The panel, he said, concluded that the disciplinary authority had acted unreasonably when it refused to entertain the appellant's request for an oral hearing by establishing an investigation committee.
“The decision is therefore ultra vires or beyond the powers Article 135 (2) of the Federal Constitution (which provides that no member of the public services shall be dismissed or reduced in rank without being given a reasonable opportunity to be heard),” he said.
In allowing the appeal with costs, the judge said the panel also agreed that the second charge of having an affair with the woman between February 2008 and December 2009 was defective and misleading.
Abdul Ghani had denied both charges, saying the allegations were calculated to bring him down but he was found guilty by the police commission’s disciplinary authority and dismissed from service effective July 26, 2013.
His girlfriend, who is said to have a history of mental illness, had lodged the complaint against him which led to the disciplinary proceedings.
When contacted yesterday, Abdul Ghani’s lead counsel G.Subramaniam Nair said this ruling would allow his client to be reinstated with his rank and emoluments to be paid to him.
In his civil appeal, Abdul Ghani had named the police commission, its chairman, the InspectorGeneral of Police, the Government and two others as respondents.