Mahkamah kekal batal pemecatan pegawai APMM dalam kes dadah

The Malaysian High Court's Review Court has dismissed the government's appeal against a decision by the Federal Court to terminate the employment of an APMM law enforcement officer implicated in drug trafficking. In Putrajaya, the High Court ruled that the APMM law enforcement agency improperly used inaccurate facts when concluding that Firuz Alzarhari Abu Bakar, a 49-year-old officer, was involved in drug distribution.

The three-judge panel, comprising Choo Kah Sing, Ismail Brahim, and Ahmad Fairuz Zainol Abidin, determined that the law enforcement agency considered irrelevant matters when deciding to dismiss Firuz on December 2023. During the presentation of the court's decision, Choo stated that the agency relied on inaccurate facts when concluding that Firuz, 49, was involved in drug trafficking.

He affirmed that the High Court did not commit any legal or factual errors requiring intervention from the Review Court. The court also instructed the government to pay RM30,000 in costs to Firuz. According to the case facts, Firuz, a Senior Officer in the APMM, was arrested by police at a fuel station near Kuala Lumpur International Airport (KLIA) on March 7, 2020.

On June 3, 2020, he was charged at the Majistret Court in Sepang with possession of cannabis and taking harmful drugs. Two years later, Firuz pleaded guilty to the charge and was ordered to behave well for three years under Section 173A of the Penal Code, with a RM4,000 fine and a surety. On January 2, 2024, Firuz received a notice of suspension dated December 21, 2023, which terminated his employment.

There was no dispute that Firuz was not given any hearing or hearing notice before his dismissal. Firuz argued that he was denied the right to be heard and the opportunity to explain the circumstances leading to the drug charge, including why he only received a reprimand and not imprisonment. His appeal to the Law Enforcement Review Tribunal was also dismissed, leading to his filing of an appeal for annulment of his dismissal.

Besides the government, Firuz also named the APMM Law Enforcement Agency Chairman, the Minister of Home Affairs, and the Department of Civil Works as respondents. Firuz was represented by lawyers Awang Armadajaya Awang Mahmud, Ridhwan Jalaluddin, and Nur Amni Irdina Mat Ayob. The government was represented by Senior State Attorney Sallehuddin Ali and Attorney Ng Wei Lee.