A plea to stop arrests; please compound MCO violators

It was reported today that the deputy health minister was fined by the court RM1,000 after pleading guilty to a charge of violating the movement control order.

The processes involved in reaching that conclusion would have been the following.

Firstly, they must be a police report. Second, the police would have investigated and prepared an investigation paper. Third, that investigation paper would have been forwarded the Attorney-General's Chambers for their consideration on whether to prosecute or not. 

Fourth, after having decided to prosecute, the AG's Chambers would have drawn out a charge and served the charge sheet on the offender. Fifth, the DPP conducting the prosecution has to appear in Court. Sixth, the judge or magistrate presiding also has to appear in Court. And, finally, the offender, obviously, comes to court to face the charges.

In the end, the court fined the offender RM1,000.

Let us look at another scenario.

Section 25 of Act 342 gives the Health director-general powers to issue compound notices. Section 25 states:-

"Compounding of offences. The director-general or any public officer authorised for this purpose by him in writing may compound any offence under this act or any regulations made under this Act which has been prescribed by regulations as compoundable by collecting from the offender a sum of money not exceeding one thousand ringgit."

In other words, the Health DG can authorise the police to compound compoundable offences and collect a sum not exceeding RM1,000.

So the question is this, and it is a rather straightforward one: Why involve a seven-step process resulting in a fine of RM1,000 when you can have a two-step process resulting in the same outcome?

It is humbly submitted that instead of wasting valuable time and resources, the AG should just "give back" the Health DG the approval to issue compound notices for compoundable offences.

I do not think those police officers would like to be bogged down with paperwork preparing investigation papers until we hours into the night away from their loved ones. They, too, have families.

I say "give back" because the AG had no power to "take it away" from the Health DG in the first place. Parliament has given the Health DG powers under Section 25 of Act 342. - Mkini