
Judge Nordin Hassan issued the order after allowing a judicial review application by 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 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, the RMN chief, the RMN Western Fleet commander and the commanding officer of KD Lekir as respondents.
At today’s proceedings, the respondents were represented by senior federal counsel Khairul Nizam Mohd Kamal.
In the application, they are seeking, among others, a declaration that Lailaltuiman’s detention from 9.30pm on Sept 27, 2017, to 3.24pm 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 Lailaltuiman, an Able Seaman, was arrested by the RMN Provost Marshall at 9.30pm 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 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 the board of inquiry’s findings were flawed as they were not called to testify on the physical and mental abuse suffered by Lailaltuiman.
A police report was lodged by Lailaltuiman’s mother at the Pasir Mas police station in Kelantan on Oct 16, 2017, on the alleged abuse against her son.