PETALING JAYA: The Attorney-General’s Chambers (AGC) has been urged to review its decision not to charge Datuk Mohd Khairuddin Aman Razali (pix) for breach of home quarantine protocol.
The decision not to charge the minister of Plantation and Commodities raised issues of double standards and rule of law regarding the case.
On Wednesday, Khairuddin’s case was classified as “no further action” due to insufficient evidence despite him not complying with the mandatory 14-day quarantine upon returning home from Turkey in July.
The Kuala Nerus MP from PAS was issued a RM1,000 compound on Aug 7 for his failure to comply with the rules. The minister also pledged to donate four months of his salary from May to a national Covid-19 fund.
Lawyer Syahredzan Johan said while it was within the attorney general’s discretion not to prosecute the minister according to Article 145 of the Federal Constitution, the decision not to prosecute on grounds of lack of evidence raised questions.
“Any decision to prosecute must be based on solid evidence, especially since the burden is on the prosecution to prove the charges,” he told theSun yesterday.
“Why was Khairuddin issued a compound notice by the Health Ministry for breach of quarantine, when he purportedly was not issued a quarantine order?”
Syahredzan, a former member of the Bar Council, called on the attorney general to review the case, with the help of “another pair of eyes”.
“Perhaps (through) the solicitor-general or the head of the Prosecution Unit of the AGC. If no order was issued, why was he compounded?”
Syahredzan added that the AGC’s decision could set a precedent for Malaysians to not adhere to the law.
“The circumstances surrounding the case could send a message to the public that there are two sets of laws, regulations and standard operating procedures. One for the public, and one for those in power.”
Khairuddin was not the first minister to flout the rules since the movement control order was enforced in March.
Deputy Minister of Health Datuk Dr Noor Azmi Ghazali flouted social distancing rules after he was pictured eating with a group of people after visiting a school in April. In the same week, Deputy Rural Development Minister Datuk Abdul Rahman Mohamad did the same by having an impromptu gathering.
Meanwhile, hundreds of Malaysians have been fined for similar offences, which the National Security Council highlights on a daily basis.
Human Rights Commission of Malaysia Commissioner Jerald Joseph questioned why the Form 14-B, which necessitated the 14-day quarantine, was not issued to Khairuddin.
“It is the failure of the Health Ministry for not issuing him the form. That has to be investigated. Are there more people who have not been given this form and exempted from mandatory quarantine? If the ministry had made a mistake, it should just admit it,” he said.
Jerald added that the public has every reason to be upset.
“The public’s unhappiness may make them disillusioned with the inconsistency of orders. But I hope Malaysians do not use this as a reason not to comply with the rules, because we desperately need to break the Covid-19 chain.”
