YOURSAY | Sky-high fines: Need to temper law with compassion

 

YOURSAY | ‘But Faisal, be thankful the police did not smash your door and cooking utensils.’

Burger seller fined RM50,000 for operating out of hours

OCT: The rakyat are getting very confused and frustrated with the police on their standard operating procedure (SOP) for issuing summons for breach of Covid-19 restrictions.

For example, a very important person (VIP) like the federal territories minister was caught a few times for breaching SOP - even with evidence shown - the police requested the minister and eyewitnesses to record their statements.

An investigation paper (IP) was compiled at a snail’s pace. The IP was forwarded to the Attorney-General’s Chambers (AGC) for review. The AGC reviewed the IP and returned it to the police for more info. Like a football, the IP was passed around with no goal scored. To date, no news of the investigation has been completed.

For this poor vendor, a summons was issued right away. Why didn’t the police adopt the same process as that for the VIP? Ask the vendor to present himself at the police station for his statement to be recorded. The IP is then forwarded to AGC. Maybe AGC has some sympathy for the vendor and agreed with “no further action”.

Issuing the summons right away is assuming he is guilty before even hearing his story. Reducing the summons amount by appealing is also wrong as he could be found to be innocent. Why was no leeway accorded to him? Is it just that he is a local Ahmad without any title and has no “big cable”? Therefore, he is treated like a criminal right away?

That is not justice, which should be fair irrespective of the status of the rakyat. My sincere sympathies to the vendor for the rough treatment. This is definitely double standards.

Vijay47: Let us again reduce to the essentials this matter of operating an eatery beyond permissible movement control order (MCO) hours.

First, my understanding of “eatery” is that it is a place, like a restaurant or coffee shop, where food is sold. This naturally necessitates the participation of the proprietor or maker of the food and the eater or even the buyer of the food.

In Wan Mohd Faisal Wan Kadir’s case, going by his testimony, he was the only member of the cast, and the usual props like tables and chairs were not present.

So who were his customers? Toyols? The factory workers? But they would have been at some other location unless Faisal’s front yard was doubling as a factory. In fact, except for him, the stage was empty.

The only possibility of an offence must be his preparation of the burgers, which must have been in really small print in the MCO regulations. Is cooking in your compound now illegal under MCO orders?

Next, we come to Kota Bharu police chief Abdul Rahim Daud. According to this wizard of jurisprudence, when the law provides for a range in fines, the enforcing agency must impose the maximum. Thank god for the little mercies that one can appeal.

It is, therefore, very clear the police simply have no case ab initio (from the beginning). Hey, I know my Latin phrases. So, Faisal must be acquitted and released, allowed to safely go home unmolested by anyone.

But Faisal, be thankful the police did not smash your door and cooking utensils.

The Wakandan: I can say that you (Faisal) are an idiot. The RM10,000 fine was well publicised and yet you were not afraid at all.

Who do you think you are? You are supposed to close after 10pm but no, you were still doing your business. It didn’t matter whether there were customers or not because even during daytime, it is not necessary there are customers. That depends on how brisk your sale is.

I am angrier at the stupidity of this burger seller for operating after the permitted hour. And this caused him dearly.

Sometimes we seem to mix compassion with justice. But the law must be adhered to. There is only bad law and good law, bad officers and good officers. A good officer would be the one who follows the law. If one blames the law, then it is more appropriate to blame the makers of the law.

Apa Nama: The burger seller did not learn from his first mistake whereby he was fined RM1,000 previously. He is fully aware that the operating hour is until 10pm. Whether it is a pre-order or walk-in customer order, he needs to complete it before 10pm, knowing the rules clearly.

Faisal understands the risk if he operates beyond 10pm. While we need to be compassionate to him, it is not to the extent we unknowingly condone his action of breaking the law as well.

The line is blurred here between being compassionate and following the rules. Maybe we could help him, but he should not be repeating this mistake for the third time.

YellowKoala2613: I hope the opposition doesn’t take this issue, he is clearly flouting the given SOP. Covid-19 cases in Kelantan is increasing.

BrownPhoenix6394: @YellowKoala. No one is taking issue with enforcement. People are taking issue with selective enforcement and double standards. That is the issue.

Thunderbolt: How many Perikatan Nasional (PN) politicians have committed even more serious offences and got away with them. Some are still under investigation until today.

Meanwhile, this poor burger seller is probably trying to make a living to support his family. Cases like this should be given as much publicity as possible. While all these politicians from PAS enjoy their Mercedes vehicles, poor Faisal is made to pay such hefty fines.

It is time the Kelantanese wake up and kick PAS out for good.

Paladin92: This is really crazy. The guy is trying to make a living flipping burgers. Where is he going to get the money to pay the fine? You want to send him to the Ah Long or to the cleaners?

On top of that, this is Ramadan. There appears to be no compassion for the suffering people.

BrownMacaw9225: Faisal, I pity your situation. I wish the enforcement officers could have used their discretion before deciding to fine you RM50,000.

I am confident that you can appeal and ask for a nominal fine. I am sure there are still some souls around with compassion.

This is what our late legendary artist P Ramlee said: Hidup pun susah, mati pun susah (Living is tough, dying is also tough). - Mkini