Defence Minister Ismail Sabri Yaakob should not downplay the conviction of Deputy Health Minister Noor Azmi Ghazali and Perak exco member Razman Zakaria for breaching the movement control order (MCO), said lawyer Syahredzan Johan.
He said they were charged for violating Regulation 6(1) of the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (No 3) Regulations 2020.
The regulation bars gatherings for various purposes, including social purposes; and is punishable with a fine up to RM1,000, imprisonment up to six months, or both.
“This means they didn’t merely ‘violate standard operating procedure’, but had clearly violated the movement control orders’ regulations and can be punished under Regulation 11(1) of the same regulations.
“If they had merely breached SOP, how could they be charged in court? Failing to observe social distancing is not a crime.
“The deputy minister and exco member are not being charged for failing to observe social distancing, but gathering during the MCO period for social purposes.
“Hence, there should be no difference between the crime committed by the deputy minister and the exco member, and ordinary citizens who violate the order,” he said in a Facebook post today.
Syahredzan (photo), who is also Iskandar Puteri MP Lim Kit Siang’s political secretary, was responding to Ismail’s statement at the latter’s daily press briefing today.
Ismail had denied double standards in sentencing against the duo, compared to ordinary citizens who are sometimes sentenced to jail for violating the order.
This is because the government had already announced that elected representatives can move around to assist the people while the order is in effect, subject to rules and regulations, said the defence minister.
He added that many had been jailed not for violating the order alone, but had also committed offences under the Penal Code such as by obstructing civil servants.
"So it was not only for violating the MCO but also involved offences under the Penal Code, that is why the punishments are different.
"It is not because of double standards as many would like to picture it," Ismail said.
On April 17, Noor Azmi and his entourage visited a religious school in Lenggong, Perak, and posted photos of him handing out goods to several people.
Some pictures also depicted him having a meal with about 20 people with no social distancing measures, including with Razman. The Facebook posts have since been deleted but screenshots of it were widely circulated by netizens.
Noor Azmi and Razman had pleaded guilty at the Gerik Magistrate’s Court yesterday. Both have also apologised for the transgression. - Mkini
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