Mahkamah kekal batal pemecatan pegawai APMM dalam kes dadah

The Consultative Court has ruled against the Malaysian Maritime Enforcement Agency (APMM) for its decision to dismiss a maritime enforcement officer, Firuz Alzarhari Abu Bakar, in connection with drug trafficking allegations. The decision overturns a previous ruling by the High Court that led to Firuz's termination in December 2023.

A three-judge panel, comprising Choo Kah Sing, Ismail Brahim, and Ahmad Fairuz Zainol Abidin, found that the APMM had considered irrelevant matters when deciding to terminate Firuz. The court stated that the agency relied on inaccurate facts when concluding that Firuz, 49, was involved in drug trafficking. The High Court did not make any legal errors or require any intervention from the Consultative Court, according to the judges.

The court also ordered the government to pay RM30,000 in legal costs to Firuz. The case involved Firuz, a Senior Petty Officer in the APMM, who was arrested by the police near Kuala Lumpur International Airport on March 7, 2020. In June 2020, he was charged with possessing marijuana and using dangerous drugs at the Majistret Sepang Court. Two years later, in January 2024, Firuz pleaded guilty to the charges and was ordered to abide by the law for three years, pay a RM4,000 fine, and provide a RM4,000 surety.

On December 21, 2023, Firuz received a notice of suspension from the APMM's chief executive officer, leading to the termination of his duties. Firuz claimed he was denied the opportunity to present his case and explain the circumstances that led to his alleged criminal involvement, including the reason he only received a reprimand and not imprisonment. His appeal to the Consultative Court was also rejected, leading him to file an application for judicial review seeking to overturn the termination decision.

The government and the APMM were named as respondents in the case, with Firuz represented by attorneys Awang Armadajaya Awang Mahmud, Ridhwan Jalaluddin, and Nur Amni Irdina Mat Ayob. The government was represented by Attorney-General Sallehuddin Ali and Deputy Public Prosecutor Ng Wei Lee.