SHAH ALAM: Seventeen people were freed today after the High Court shortened their 14-day jail terms for flouting the movement control order (MCO) by gathering at a condominium in Kajang early this month.
In allowing the revision, however, judicial commissioner Norsharidah Awang said the offence was still serious, especially as it occurred in the Hulu Langat district covering Kajang town which has been declared a red zone.
“They should have remained indoors and met up only after the MCO was lifted,” she said.
She then imposed a 10-day jail term beginning from the date of arrest on April 3. This means the 17 will be freed from Kajang prison today.
The 17, including three women, filed a revision on April 8 against a magistrate’s court ruling sentencing them to 14 days after they pleaded guilty to the charge.
They are Syafiq Asyraf Khan Gulab Khan, Muhammad Halim Md Yasin, Mohd Saddam Hussain, Amirul Asyraf Muzaffar, Aiman Firdauz Azri, Muhamad Riduwan Abd Razak, Afeeq Aiman Razman, Muhammad Shahmi Samsulnizam, Mohammad Afiq Mohammad Afifi, Nuur Tamiyah Mohamad Yusof, Muhammad Danial Ali Hussin, Mohd Syafiq Azri, Mohamad Akir Abdul Aziz, R Brithibaaraj, Yan Naida Sakila Jaafar, Wan Nurhuda Wan Salam and Nur Sabrina Ihsan.
They were represented by lawyers KA Ramu, K Kirthiraj, Mohd Rifahmi Abdul Musikin, Jabir Abdullah Amir and Elisya Rahman while deputy public prosecutor Wan Shahida Wan Omar appeared for the prosecution.
Ramu earlier submitted that keeping the 17, aged 22 to 34, in prison was not desirable due to the risk of infection to themselves or other inmates.
He said the alternative could be to shorten their jail terms.
Ramu also suggested that the court give a warning or bind them over without surety as allowed under Section 173A of the Criminal Procedure Code.
Wan Shahida however submitted that the jail sentence imposed by magistrate Muhammad Noor Firdaus Rosli was appropriate to serve as a deterrent to others.
The 17 admitted to being present at an infected area without valid reason at Kondominium Amerin, Taming Jaya, Kajang, at 12.35pm on April 3.
The offence under Rule 6 of the Prevention and Control of Infectious Diseases (Measures Within the Infected Local Areas) Regulations 2020 carries a maximum fine of RM1,000, up to six months’ jail, or both upon conviction.
According to the facts of the case, policemen from the Ops Covid-19 task force went to the condominium after receiving a complaint about noise coming from a unit. There, they found 19 people: 14 men and five women, including two minors.
The two 17-year-olds pleaded guilty to the same charge. The court however postponed their sentencing pending a moral report from the Welfare Department on May 14.
The minors were released on bail of RM500 with one surety each. - FMT
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