Lawyer Haniff Khatri has lauded Prisons Department director-general Zulkifli Omar for raising concerns on overcrowded prisons as hundreds are being sent to prison for violating the movement control order (MCO).
Zulkifli had proposed that violators are given community service instead but health director-general Dr Noor Hisham Abdullah has said that authorities may not be able to do so as they can't carry out community service during the partial lockdown.
However, Haniff said Zulkifli's proposal is still possible by allowing those convicted to carry out their community service sentence after the MCO.
"The MCO is in place to protect public interest and it is right to punish those who violate the MCO by sending them to do social service work like cleaning up orphanages, public libraries or old folks' homes," he told Malaysiakini.
Haniff said MCO violations are straightforward cases and law enforcement personnel catching violators can immediately take their statements and then allow them police bail while waiting for a further probe or prosecution.
"This is not like a murder case or a rape case where police need to detain a suspect to conduct an investigation and to search for the murder weapon or DNA evidence etc.
"Putting MCO violators in lock-ups will also overcrowd police lock-ups and put at risk other inmates and also officers on duty," he said.
Zulkifli (below), in his letter to the Federal Court Registrar, had said the influx of MCO violaters into prisons was putting existing inmates and staff at risk of Covid-19 infection.
As of April 1, he noted 378 people have been sent to prison for violating the MCO.
"Apart from adding to the already crowded prisons, the Prisons Department is concerned that they could become a source of Covid-19 outbreaks in prison as their health status is not known.
"The Prisons Department is of the opinion that it will become a major issue if there is a Covid-19 outbreak in prisons because social distancing is impossible in a prison and could spread uncontrollably and threaten the lives of prisoners and prison staff," read the letter.
Haniff agreed with Zulkifli's point but said the right party to take up the suggestion would be the Attorney-General's Office.
The lawyer said the chief justice does not have the power to tell judges how to mete out punishments.
He said the deputy public prosecutors can also take up the suggestion when proposing punishments to the magistrates.
Haniff said the punishment should also commensurate with the level of offence committed and the situation of the offender such as whether he or she is from the B40 or T20 income bracket.
He said a fine of RM500 would be sufficient to send a message to a B40 offender but even an RM1,000 fine wouldn't make much difference for a T20 offender.
In an effort to combat the coronavirus, the country has been in a partial lockdown since March 18.
The MCO was supposed to end on March 31 but was extended until April 14.
Under the MCO, all non-essential businesses and services must close while people are only allowed to leave their homes for pressing reasons such as to restock their food supply.
However, people have been flouting the rules under MCO by going out for activities other than for what is allowed and even holding gatherings.
The government, which in the initial stages used a more lenient approach advising, is now taking a more hardline position by arresting and prosecuting offenders. - Mkini
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