MCO: Sentences of 7 reduced
Published on: Wednesday, May 20, 2020
By: Jo Ann Mool
Kota Kinabalu: Seven men, who were penalised last month for various offences relating to the Movement Control Order (MCO) saw their sentences reduced on Tuesday.High Court Judge Datuk Nurchaya Hj Arshad exercised her revisionary power on the cases of Filipinos Eric Borhan and Ajin Teddy, and locals Mohd Rezza Markus, Mohd Azrin Hassnal, Junaidi Angah, Ag Latif Ag Othman and Mohd Hidzwan Jumatli.
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Nurchaya set aside the whole order of the Magistrates on the seven and substituted them with lower sentences respectively.
Eric, 25, and Borhan, 26, who was on April 6, jailed four months and fined RM500 or one month jail each, have their sentence reduced to two months jail and ordered to be referred to the Immigration Department thereafter.
The duo who were shop assistant, had pleaded guilty to operating a coffee shop at night during the MCO at 8.30pm on April 1 at unnamed premises in Inanam town.
Rezza, 29, who was jailed five months for obstructing the police in performing their duty, saw his jail term reduced to three months jail from the date of his arrest.
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Rezza admitted to the Magistrate’s Court in Kudat to ramming through the police roadblock at Km 4.5 Jalan Kudat–Kota Kinabalu in Kudat at 9.30pm on March 30.
Azrin, 27, who was jailed four months for a similar offence saw his sentence substituted to three months jail from the date of his arrest.
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Azrin, who admitted to committing the offence at 2pm on April 15 at the security kiosk at Kota Marudu police headquarters, told the court that he ran away when the police wanted to get his body temperature as he was facing family problem.
Junaidi, 33, who was fined RM1,000 in default two months jail for being at Kg Ayer in Kudat at 9.30am on April 19 without a valid reason, saw the in-default jail sentence of two months reduced to one month.
He failed to pay the fine.
The court maintained the fine sentence imposed on Junaidi.
Meanwhile, Latip and Hidswan, both 31, had their sentence of two months jail imposed on May 4, reduced to one month jail.
They were arrested at the police roadblock at 10pm on April 24 at the Kopungit bypass road here and confessed that they travelled from Bongawan Papar to buy syabu here.
Prior to revising the men’s sentence, Nurchaya also asked the prosecution’s recommendation on the sentence saying that they have to look at all circumstances as it was not an ordinary case due to the Covid-19 pandemic and that the situation in the prison would be jammed.
The prosecution applied for the sentence to be maintained.
Nurchaya also lectured all the men for taking the MCO and the Covid-19 lightly saying that they could spread the disease to their families and other people if they were infected with it while being outside of their houses.
The prosecution briefed the media later that the court called for a revision of all the seven cases on the Chief Justice’s directive for judges to consider overpopulation in prison and effort to combat the Covid-19 pandemic.
Eric and Borhan had violated Rule 4(2) of the Prevention and Control of Infectious Diseases (Measures within the Infected Local Areas) Regulations 2020, while Junaidi, Latif and Hidswan violated Rule 3 (1) of the same Regulations which each punishable under Rule 11(1) of the same Regulations that carries a fine of up to RM1,000 or a jail term of not more than six months or both, on conviction.Stay up-to-date by following Daily Express’s Telegram channel.
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