Haul people defying movement order before judge, say lawyers


Criminal lawyer N. Sivananthan says people defying the movement control order should be brought before a judge. – The Malaysian Insight file pic, March 19, 2020.

LAWYERS are contending the police should issue summonses on civilians who failed to obey directives under the movement control order, which came into force yesterday.

Criminal lawyer N. Sivananthan said as a deterrence, summonses should be issued for people to appear in court, adding the offence is bailable.

“However, if the person does not turn up in court, a warrant of arrest can be issued.

“If he or she does turn up, the court has to give him or her bail but perhaps impose an additional condition that the accused cannot leave his or her house without the permission of police.

“One way to ensure quick enforcement is to have the person summoned appear in court the very next day so they will no longer be a nuisance,” he said, commenting on the behaviour of people who are still defying the movement control order.

According to media reports, some of the excuses people used when stopped at roadblocks were they were just having an outing, buying food, delivering items and so on.

RSN Rayer said under the present circumstances, since the situation is critical the police may even arrest them and charge them for treason.

“They are disobeying a direct order from the king, who has also directed all citizens to follow Prime Minister Muhyiddin Yassin’s advice to stay at home.

“I would say, if people are still not taking the matter seriously, the possibility of the order period being extended is very high,” said the Jelutong MP.

Rayer also suggested the government to mobilise troops to control the situation, if needed.

“Having the authorities alone is not important. What is more important is for all of us to use self-control and obey any instruction or order issued by the government,” he said.

Muhammad Shafee Abdullah said if the police were dissatisfied with the reasons given, then they could make arrests.

“Offenders can be arrested without warrant on the spot if the police are not satisfied with the reasons given by a person,” said the veteran lawyer.

According to Prevention and Control of Infectious Diseases (Measures within the local Infected Areas) Regulations 2020), any person who breaches the prevention and control of infectious diseases regulations shall be liable to a maximum fine of RM1,000 or sentenced to six months in prison or both.

The order, which is in force until March 31 involves the closure of all government and private premises, except for those providing essential services, and all houses of worship and business premises except for supermarkets, wet markets, grocery shops and convenience stores selling daily necessities.

The government has also called on the public to stay at home and avoid going out during the order period to prevent the spread of Covid-19.

As of now, 110 new cases were confirmed by the Ministry of Health today, making the nationwide total 900 cases. – Bernama, March 19, 2020.


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