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PETALING JAYA: The “No More Actions” (NFA) riot against Plantation Industries and Commodities Mohd Minister Khairuddin Aman Razali, who violated mandatory home quarantine upon return from abroad.
The decision to classify the case as NFA after more than 100 days of police investigations was made by the Attorney General’s Office (AGC).
Reason: An official at the Health Ministry did not issue Khairuddin a 14-day home quarantine order upon his return from Turkey in July.
Lead attorney Mohd Haaziq Pillay sheds light on the law processes in the case that has brought quarantine rules in the country under scrutiny.
Whose right to the NFA?
The police will investigate the matter and present their findings to the AGC.
The final decision whether or not to accuse a person rests with the AGC, which will base it on the evidence presented.
Nolle prosequi (not being willing to pursue) cannot be challenged by any court of law. This is provided by article 145 (3) of the Federal Constitution.
Has Khairuddin not admitted his guilt by paying a compound fine?
No. You simply paid a compound fine for violating the SOP.
He was never charged in court where he pleaded guilty.
And the basis for the guilty plea was never resolved by a court of law.
A guilty plea is only valid when an accused person pleads guilty in court after the charge is read to him.
Will an aggravated offense be recorded on a person’s record?
A matter that is not brought to court will not be on a person’s record.
Can the NFA’s decision in the case be appealed to the attorney general?
Technically, the attorney general can be appealed to reconsider his decision, but ultimately the discretion to reconsider rests with him.
Can the “technical error” of not issuing a home quarantine order be challenged in court?
Any decision made by the attorney general cannot be challenged in court. Therefore, the issue of technical error cannot be heard in court.
Do you see this result as a double standard between the elite and the average Malaysian?
It is a difficult question since the attorney general, in his wisdom, considered convenient that it would be difficult to obtain a conviction for the absence of Form 14b, which is an order from the health ministry for mandatory quarantine under Law 342. legal requirement.
Was it morally wrong for Khairuddin not to undergo mandatory quarantine?
Although he did not receive the form, the minister should have quarantined himself as many other Malaysians had to go through the same process upon returning home.
