MANY are calling for a tougher implementation of the movement control order (MCO).

They are justified to do so as there are still those who are not complying with the measures for many reasons, ranging from sheer selfishness to necessity.

The rigidity of the ongoing enforcement is getting more aggressive as the authorities come under heavy scrutiny to ease the pressure on our medical fraternity.

It is a difficult and thankless job for those tasked with enforcing the law.

However, the police must always be mindful to use minimum force and act professionally in carrying out their duties and responsibilities.

In doing so, there will always be the possibility of overzealous incidents that can be linked to a short fuse.

Anger and using physical methods in carrying out enforcement responsibilities will inevitably lead to breaking the law.

This was the case recently in Kunak, Sabah when a police officer seemingly used a stick to hit a MCO defaulter in the face which amounted to a criminal offence. Just as firm the police are with members of the public, they must do likewise with their own.

The criminal justice system must empathise that the MCO offenders are not your usual run-of-the-mill criminals.

They are members of society trying to adjust to a new normal and it can be traumatic to some.

Most seasoned criminals are tuned to the aggressive approach of enforcement but the simple man on the street is not.

Traumatic stress actually begins when someone is stopped by the police for enquiries, taken into custody for investigations and it elevates gradually as the process takes it course during investigations, to detention and remand.

Finally, the pressure cooker can explode when these civilians are taken to court to be charged.

Many are in handcuffs and are for the first time exposed to the lengthy court procedures especially when it comes to monetary bail conditions.

This has resulted in many people from all walks of life, from students to the elderly facing the possibility of prison time while in remand as there are those who may not be able to furnish bail conditions.

This was not the purpose of the specific act and the relevant law on infections and quarantine.

It is opined that the prosecution and judiciary arms of the criminal justice system must act as a balance to any aggressive approach of enforcement. It will also ensure that enforcement officers do not unnecessarily infringe laws themselves.

Over classification of cases to facilitate investigations to enable powers of arrest is normal at the outset of a case especially when members of public use criminal force or any overt action in obstructing an officer from carrying out their duties.

However, ingredients of these offences must be scrutinised when it comes up to the Attorney-General’s Chambers before charging these offenders.

The upper arms of the criminal justice system must keep in mind that they are not dealing with a criminal mind per se.

In fact, the process of investigations right up to court proceedings are creating new clusters of close gatherings, putting all officers of the court at risk apart from the fact that it is not complying with the intentions of the MCO.

That is an untenable irony.

We have been now advised that it is going to be difficult to return to normalcy for at least another six months to a year. Social distancing will become the norm.

We need to win the hearts and minds of the people by getting them all on board with leadership and enough dissemination of information rather than focussing only on enforcement.

It must be a balance of both in combining enforcement and winning hearts and minds.

The judiciary must have their finger on the pulse of society’s traumatic stress in trying to adapt to this unprecedented situation.

Basically, society needs to be kept secure and safe. Most understand the enforcement agencies have their work cut out and have to be cruel to be kind.

In doing so, let’s not forget the humanity that needs to go hand in glove with everything we do. – April 4, 2020.

* G. Selva reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.