Complaint against Khairuddin failed to meet burden of proof, explains AGC

 

The Attorney General's Chambers (AGC) has confirmed that Plantation Industries and Commodities Minister Mohd Khairuddin Aman Razali will not face charges.

"The police conducted a thorough investigation into the report lodged by the complainant alleging that the minister flouted a mandatory home quarantine order during the recovery movement control order (MCO) enforced upon (the minister's) return from (his Turkey trip) which was allegedly supposed to have taken place from July 7, 2020 until July 21, 2020.

"The investigation papers were then referred to the AGC for further instruction.

"After full consideration and deliberation of all available evidence, this Chambers finds that there was no home surveillance or observation order issued by the authorised officer in the exercise of his discretion to the minister for him to observe such home surveillance or observation order as stipulated under subsection 15(1) of Act 342 as alleged by the complainant," it said in a statement.

The AGC said it was found that Form 14b - as prescribed in Health Ministry guidelines which contained an order for home surveillance and/or observation orders under subsection 15(1) of Act 342 - was not issued to Khairuddin before he was allowed to leave quarantine.

"For an act to be considered an offence of breaking a home quarantine order under Act 342, the home surveillance or observation order is required to be issued to the minister under subsection 15(1) of Act 342.

"Accordingly, based on the above consideration, the AGC has decided to not profer any charge against the minister due to insufficient evidence and thus fails to meet the required burden of proof under the law," it added.

The AGC said its perusal of the investigation papers revealed that Khairuddin visited Turkey on July 3 and flew back to Malaysia on July 7.

"Upon arrival at the Kuala Lumpur International Airport, the minister underwent health inspection and screening process for Covid-19 (swab test) and the result was found to be negative.

"The minister was allowed to return to his residence by the authorised officer from the Health Ministry who was appointed under Section 3 of Act 342 (Prevention and Control of Infectious Diseases Act 1988)," it added.

The AGC said subsequently, Khairuddin underwent a second health screening on July 10 at the Kuala Lumpur Hospital for the purpose of attending a ceremony at Istana Negara on Aug 17. The result of the second screening was also negative.

In August, the Health Ministry slapped a RM1,000 fine on Khairuddin, who is the MP for Kuala Nerus.

On Sept 30, Bukit Aman CID director Huzir Mohamed said the AGC instructed the police to take "several more actions" on the investigation and expressed hope that "the police would be able to fulfil the instructions soon".

On Oct 7, Malaysiakini reported that the police had resubmitted the investigation papers to the AGC.

After being fined, Khairuddin apologised and pledged to contribute three months of his salary starting from March to the government's Covid-19 relief fund.

The government's failure to take action against Khairuddin has sparked criticism from various quarters who accused the government of practising double standards.

Former prime minister Najib Razak also suggested that Khairuddin be taken to court to preven the opposition from harping on the issue. 

For the record, Khairuddin has been adamant that he did not do anything wrong. - Mkini