Lawyers support harsh punishment against serious MCO offenders
(FMT) – Those who intentionally defy the movement control order (MCO) should be arrested and charged in court to show that the authorities are serious in curbing the spread of the Covid-19 virus, lawyer N Sivananthan said.
“Police must send a clear and strong message that they will not condone those who violate the MCO since the government is taking all possible steps to bring health issue to a quick end,” he told FMT.
For example, Sivananthan said those caught partying in groups and drinking in public places should be severely dealt with compared with two people caught in a car heading towards a destination.
In the latter case, he said issuing a ticket would be fine.
He said this in response to a statement by Senior Minister Ismail Sabri Yaakob yesterday that stern action would be taken against those who violate the MCO or fail to cooperate with authorities.
He said police would be even more stern and uncompromising when taking action against MCO violators, especially since it had been extended until April 28.
“Those who fail to abide by the MCO will be detained and charged in court under Section 34 of the Prevention and Control of Infectious Disease Act 1988,” he said at his daily briefing.
The first offence carries up to two years’ jail, or a fine, or both upon conviction. The second offence carries a maximum five years’ jail, or a fine, or both upon conviction.
He said on Friday, 1,095 people were detained for not adhering to the MCO, with 815 being issued with RM1,000 compound notices, 242 remanded while 38 were released on police bail.
On Wednesday, Bukit Aman Internal Security and Public Order Department director Acryl Sani Abdullah Sani said police would begin issuing RM1,000 compound fines to those breaching the MCO.
He said the compound notice would have to be settled at any health ministry office within two weeks.
Lawyers had then welcomed the government’s move to issue compound notices, saying it will alleviate the workload of the police force as well as the courts, and avoid overcrowding in lock-ups and during detention.
Today, lawyer Baljit Singh Sidhu said issuing compound notices should be the first option instead of arresting with the intention to charge offenders.
“I agree that only repeat offenders must be arrested or charged,” Baljit said, adding that the RM1,000 compound fine under present circumstances was quite hefty.
He also suggested that police conduct media publicity on MCO compliance in a pictorial form to educate and raise greater awareness among the public.
Lawyer Syed Iskandar Syed Jaafar Al-Mahdzar said the serious violators should be charged in court but police must take all precautions that nobody is infected in the process.
“Just record their statements and avoid keeping suspects in a police lock-up even for 24 hours. It is better to give them police bail and the prosecution can decide to charge them later,” he added.
Syed Iskandar also cautioned the police that people tend to disobey law and order due to their present state of mind as the MOC had been in place since March 18.
“They could be worried about their livelihood and a host of problems related to family and finance,” he added.
