Magistrate wrong to impose bail in traffic summons case, says judge

 

The Johor Bahru High Court said the lower courts must treat each traffic summons case on its own merits before imposing bail. (File pic)

JOHOR BAHRU: A lower court was wrong to impose bail on a person accused of a traffic offence in a summons case following a minor accident, the High Court here has ruled.

Justice Abu Bakar Katar said Dr P Vikneswary should not have been sent to a court lock-up pending completion of the bail process. She should have been allowed to wait in the courtroom or at an administrative office instead, he said.

On Sept 11, Vikneswary claimed trial to a charge under the Road Transport Act 1987 for allegedly failing to give way to a vehicle which had the right of way, resulting in an accident.

The magistrate then imposed a bail of RM800 which resulted in her being sent to the court lock-up for an hour pending the settlement of the payment.

Abu Bakar was delivering his decision in a suit filed by Vikneswary through law firm Vinsa & Ian seeking a review of the bail order and the process of locking her up.

The judge said the magistrate should have taken note that Vickneswary was not charged with any serious offence.

He also said the lower court should have taken the accused’s compliance and conduct into account since she had kept all court and police dates despite the case being twice postponed through no fault of hers.

“The alleged offender and her lawyer were present in court for the first hearing on Aug 28 but it had to be postponed as the magistrate was on leave. She was asked to go back to the police station and get a fresh date which she duly obliged.

“Then at the next hearing on Sept 7, she was in court with her lawyer and it was postponed again as the prosecuting officer was on leave.

“She went again to the police station for another date which was Sept 11. This time, the case proceeded and the magistrate set bail at RM800,” he said.

Abu Bakar said the actions of Vikneswary showed she was a responsible and loyal citizen which the magistrate ought to have considered when deciding whether to impose bail.

“The court is of the opinion that not all traffic summons cases should be treated in the same way. The magistrate should treat cases on their own merits before imposing bail,” he said.

The judge said courts ought to be able to process the posting of bail quickly following the introduction of the e-Bail system which allows for online payments.

Abu Bakar went on to cancel the bail and ordered that the sum posted be returned to the bailor within two months.

The judge said the issue of sending traffic offenders to the lock-up pending the posting of bail was one to be settled in a different forum.

Shaline Rajan represented Vikneswary while Nor Afiqah Musa appeared for the prosecution. - FMT