Car wash worker escapes jail for MCO violation, fined RM500 instead

A car wash worker was sentenced on April 1 to 30 days jail by the Petaling Jaya Magistrate’s Court following his guilty plea to violating the movement control order (MCO).

However, nine days later (April 10), the Shah Alam High Court quashed the custodial sentence against N Rishitaran and substituted it with an RM500 fine. He paid the fine. 

This was confirmed to Malaysiakini by his counsel Rajpal Singh when contacted this afternoon.

The lawyer said that the High Court allowed the revision application following his submission that the 30-day custodial sentence was too harsh for a first offender, especially in light of the trend of disparity of sentencing meted out against MCO violators.

Rajpal said Rishitaran, 23, had pleaded guilty at the Magistrate’s Court to an offence under Regulation 3(1) of the Prevention and Control of Infectious Diseases (Measures within the Infected Local Areas) Regulations 2020.

According to Regulation 3(1), no person shall make any journey from one place to another place within any infected local area, with the exceptions if it is to perform an official duty; to purchase, supply or deliver food or daily necessities; and to seek healthcare or medical services, among other reasons.

In summarising his arguments before the Shah Alam High Court seeking the revision, Rajpal said that Rishitaran had merely stepped out of his apartment unit on the ground floor at Damansara Damai before he was arrested.

“It was a sad case as he (Rishitaran) stays on the ground floor of the apartment. He stepped out of the apartment to answer a call as there was no phone service (network) within the apartment.

“He was all alone and he was around 10 feet from the (apartment) door when he was arrested,” Rajpal said.

“The sentencing was not fair as there is a disparity of sentences meted out by courts (over MCO violations). Some offenders get fined, some get jailed.

“This goes against a person’s fundamental right to equal protection under the law as enshrined under Article 8 of the Federal Constitution.

“Why the disparity (in sentencing by the lower courts)? You have to be consistent," he added.

Rajpal said he also submitted before the Shah Alam High Court judicial commissioner Norsharidah Awang that the 30-day sentencing is not appropriate as it would lead to further overcrowding in prison, which goes against the aim of MCO to encourage social distancing and curb Covid-19.

“He (Rishitaran) was a first offender and there is the option for fine rather than jail. The law is clear that if he was (involved in a) non-violent offence, then fine is the first preferred penalty compared to jail time,” he said.

Rajpal, who acted for Rishitaran on a pro bono (for free especially for poor clients) basis at the High Court, added that lawyer Suraj Singh paid the RM500 fine on behalf of the accused.

When contacted by Malaysiakini, Suraj confirmed having paid the RM500 fine, adding that the accused family was so poor that even the accused’s middle-aged mother could not afford the RM30 cab fare to come to the Petaling Jaya Courts Complex.

Suraj also confirmed that he acted for Rishitaran when the accused pleaded guilty to the MCO violation charge before the Magistrate’s Court on April 1.

According to a copy of the Shah Alam High Court decision sighted by Malaysiakini, Norsharidah ordered the 30-day jail sentence be quashed and be substituted with an RM500 fine.

“Therefore it is ordered that the sentence issued by the magistrate on April 1, 2020, be set aside and be substituted with a fine of RM500, if fail to pay (then) one-week imprisonment,” Norsharidah ruled.

Recently, there had been concerns raised over the purported disparity in sentences meted out by the courts over MCO-violations, with non-governmental organisation EDICT (Eliminating Deaths and Abuse in Custody Together) having written an open letter to Attorney-General Idrus Harun to end selective policing and prosecution of MCO violations. 

However, on April 27, Idrus dismissed EDICT’s claims that his office failed to provide prosecutors with guidelines, leading to the allegation of prosecutors going overboard in meting out punishments for those violating MCO.  - Mkini