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PETALING JAYA: A lawyer has defended Attorney General Idrus Harun’s decision to refuse to prosecute Minister of Plantations and Commodity Industries Khairuddin Aman Razali for disobeying Covid-19 standard operating procedures, saying he had made the decision based on in law and evidence.
N Sivananthan said that the prosecution must prove the ingredients of the charge or else the defendant would be acquitted without his defense being called.
“It is the duty of the prosecution to make sure you have a prima facie case or else it is a waste of time and resources.
“This case has attracted public attention, but the attorney general is doomed to rule in court based on the evidence and the law,” Sivananthan told the FMT, adding that Idrus could not please public sentiment.
Yesterday, Idrus said that Khairuddin did not receive a home surveillance order from the Health Ministry official at the airport upon his arrival from Turkey on July 7.
“For an act to be considered a crime of violation of a home quarantine order under the Infectious Diseases Prevention and Control Act of 1988, it is required that the order of home surveillance or observation be issued to the minister,” said Idrus.
However, lawyer Baljit Sidhu said that the reason why the minister was not prosecuted due to Khairuddin not receiving the form to undergo quarantine was only a matter of procedure, and not a matter of substance.
“Everybody knows that one must be quarantined for two weeks when returning from abroad,” he said, adding that Khairuddin must have been very aware of the procedure.
Other lawyers FMT spoke with questioned the application of the law by the authorities against different people.
They said that the statute drawn up pursuant to Section 15 (1) of the Infectious Disease Prevention and Control Act clearly states that anyone entering the country must undergo a health examination and be placed under home quarantine for the next 14 days.
According to Regulation 8 (2) of the Infectious Disease Prevention and Control (Measures within Infected Local Areas) Regulations of 2020, the person quarantined must wear a bracelet as required by the authorized officer.
“The law must be applied equally in all areas. How fair is it when the minister is exempt from the home surveillance order while others are not? “asked lawyer Rafique Rashid Ali.
He said that this issue also opens a “can of worms” on quarantine cases that have already been resolved in court.
“From the AG’s logic, these people cannot be charged if they do not have the home quarantine form (Form 14b),” said Rafique.
Fahmi Abd Moin agreed with Rafique and said that those convicted can now raise questions about their cases.
“They may want to look for reviews. We don’t know if they were given Form 14b upon arrival, but they still face charges for leaving during their quarantine, “he said.
Fahmi noted that the announcement to put the Khairuddin case under “no further action” (NFA) came after investigative documents were submitted several times over three months.
“That the Attorney General now says that Khairuddin did not receive the form and therefore did not violate any quarantine order is puzzling. As a public official, the minister himself cannot plead ignorance by saying that he does not know the law, ”he said.
Khairuddin’s predecessor Teresa Kok, who first raised the issue of her breach of quarantine in parliament, said the decision not to take any action against her shows that the government is practicing double standards.
Umno Supreme Council member Mohd Puad Zarkashi also intervened, saying that Perikatan Nasional (PN) was now perceived by the public as a “selective” enforcement practice.
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