A LAWYER and former Penang assemblyman got his Penang Island City Council (MBPP) parking summons invalidated on grounds of technical error today.

S. Raveentharan, who was PKR’s former Batu Uban rep, claimed trial after he was charged in September last year under Section 5(1) of the Road Transport Act and the council’s Road Transport Order (Car Parks) 2014.

He challenged the validity of the summons issued to him for allegedly parking his car illegally on Jalan Tun Syed Barakbah three years ago.

Magistrate Mohamad Amin Shahul Hamid ruled that the summons issued to Raveentharan was invalid, as the latter was not informed of his offence and was not allowed to make a representation when the summons was issued.

“The prosecution failed to prove prima facie,” he said in his decision, which freed Raveentharan without calling him to enter defence.

Raveentharan’s lawyer Baljit Singh said the magistrate found many technical issues with the summons, but had only cited one example in his ruling in court.

“In the case of council parking summons, the officer just leaves the summons on your windshield and goes off. They don’t know who committed the alleged offence.

“There is no way to justify when the case is brought to court,” he told The Malaysian Insight.

Baljit said it was different with police summonses that told vehicle owners what offence they had allegedly committed when the notices were sent to them.

“The police also gives you a timeframe to inform them if you were not the driver in the vehicle when the alleged offence was committed. In the council’s case, it is different,” he said.

Baljit said the magistrate would detail the other technical issues in his full written judgment.

He said the outcome of the case might have an impact on thousands of others who were also summoned by the council in the same manner.

“Raveentharan also has another case like this. We will request for the court to cancel it since the outcome will likely be the same,” he said.

MBPP was represented by counsel Noorazrein Norazlan Ong.

Penang local government exco Chow Kon Yeow said the council would study the judgment and file an appeal if necessary.

“If there is technical inadequacy on the part of the council in issuing summonses, then it has to be rectified so the summonses can be valid,” he reportedly said at a different event. – May 18, 2017.