KUCHING: Prisons can get those found guilty of flouting the movement control order (MCO) to do community service if the judiciary had issued a directive to that effect.
Laywer Shankar Ram Asnani said it was strictly within the jurisdiction of presiding magistrates to decide the appropriate sentences for flouters.
“It will also depend on a number of factors such as the age of the accused, medical condition, family background and previous criminal record (if any), and financial standing. The courts usually probe into certain aggravating factors or extenuating factors, to determine the appropriate sentence to be imposed,” he said.
He was responding to Malaysian Prisons Department director-general Datuk Seri Zulkifli Omar’s remarks urging the courts to order those who defy the MCO to perform compulsory community service instead of sending them to jail in order to prevent Covid-19 from spreading among inmates and staff members.
Shankar also said the power to impose jail terms or community service is vested in the judiciary (the Courts) pursuant to Article 121 of the Federal Constitution (FC).
He added that in Malaysia there are two high courts – the High Court of Malaya and the High Court of Sabah and Sarawak. The overall head is Tan Sri Tengku Maimun Tuan Mat as Chief Justice of Malaysia. Tan Sri Dato Seri Azahar Mohamed is Chief Judge of Malaya and the Chief Judge for Sabah and Sarawak is Datuk Abang Iskandar Abang Hashim.
“Other than jail terms and community service, the courts can also bind over an accused to good behaviour under Section 294 of the Criminal Procedure Code. This is usually done for first offenders under more favourable circumstances,” he said.
He said he sympathised with those being charged but they must understand the policy behind the MCO which must be obeyed to curb the deadly Covid-19 otherwise the whole nation would suffer due to the reckless acts of some irresponsible people.
“By now, all Malaysians have realised the impact of Covid-19 on our economy. Unless strict measures are enforced, we may face continuous problems,” he said.
The MCO has been enforced since March 18. Those violating it are charged under the Rule 3(1) of the Prevention and Control of Infectious Diseases (Measures within the Infected Local Areas) Regulations 2020. The penalty is a find of RM1,000 or jail time of not more than six months, or both.
