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Defying order: Eatery owner jailed
Published on: Wednesday, October 18, 2017

Kota Kinabalu: An eatery outlet owner in Inanam was jailed three weeks and fined RM7,000 or another three months for defying a notice issued by the Health Department to temporarily stop operation.

Mohd Kani Majid, 51, pleaded guilty before Magistrate Cindy Mc Juce to continue operating Kedai Kopi Jamiyah after being ordered not to operate under Section 11 of the Food Act 1983 at 4.03pm on July 20, this year at Mutiara Complex in Inanam.

The charge stated that Mohd Kani had been ordered to stop operation of the premises for failing to meet the sanitary and hygienic requirements, starting from 3pm on July 14, 2017 until being allowed to operate within 14 days from the date of the order.

The offence is punishable under Section 11 of the Food Act 1983 which carries a jail term of up to five years or fine or both on conviction.

Prosecuting officer U. Kelvindiran of the Health Office here, in tendering the facts of the case, told the court that environmental health officers went to the premises at 4.03pm on July 20 to ensure the closure order of premises under the said Section as ordered.

The officers, however, found out that the premises had ignored the order where seven customers were found inside the outlet.

Mohd Kani, who was not represented, requested for a fine and not to be jailed, saying that it was his first offence.

He also said that his business was not doing well and he has school-going children.

However, Kelvindiran pressed for a deterrent sentence as a lesson to Mohd Kani and would be offenders.

He said the offence was serious in which Mohd Kani had defied the order.

The temporarily order was for cleaning purposes before being allowed to reopen but Mohd Kani failed to do so, said Kelvindiran.

He added that Mohd Kani's action showed that he did not respect the law and did not care the health and safety of his customers with only profit in his mind. - Jo Ann Mool

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