The Road Transport Department (RTD) deputy director-general Yusoff Ayob may have gotten stiffer penalties for driving on the emergency lane if his senior post was brought to the court’s attention.

Lawyer Syahredzan Johan said Yusoff was a senior official in the agency that was supposed to be enforcing the very same law that he was breaking, and this fact could have been raised in court as an aggravating factor in the case.

“At that particular hearing, the thing which I noticed was that the person who prosecuted the case did not actually inform the court or submitted in getting a higher sentence.

“(There are) certain aggravating factors. For example, the fact that this is actually an RTD officer - in fact a high-ranking RTD officer - so there should be a higher duty on him to ensure that he follows the law.

“As far as I’m concerned, I can’t recall any of these details being brought forward and informed to the magistrate. So, I can’t fault the magistrate for issuing that RM600 fine, because these are not things that were brought to her attention,” he told Malaysiakini when contacted.

Syahredzan (photo) was present during the proceedings against Yusoff, as he was attending another hearing that was taking place in the same court.

Yesterday, a representative appearing on Yusoff’s behalf pleaded guilty to the charge of driving the car bearing the licence plate BLY68 in the emergency lane in Lingkaran Putrajaya at 6.27pm on Oct 7, 2016.

Putrajaya Magistrate Nik Isfahanie Tasnim W Ab Rahman imposed a RM600 fine for the offence, or seven days' imprisonment in default.

The maximum penalty, however, is a fine of RM2,000 or a six-months’ imprisonment on the first conviction.

The representative was said to be Yusoff’s special officer, but he declined to speak to the media or provide his name after the hearing. He appeared in court unrepresented.

The prosecutors in Yusoff’s case, Mohd Hafizuddin Mohd Lutfi and Rahalim Mohamed, also declined to speak to reporters. Both cited instructions from their superiors and referred the reporters present yesterday to the RTD’s public relations unit instead.

Malaysiakini has contacted the unit and is awaiting a response.

'Judiciary is transparent'

In July last year, it was reported that 19 individuals were sentenced to penalties ranging from RM1,500 fine or one month’s jail in default, to RM2,000 fine or two months' jail in default.

According to Bernama, the Alor Gajah Magistrate Nor Azizah Yusof who handed down the sentence had told the 19 not to be selfish and to be considerate of others, especially those involved in accidents.

"If nobody uses the emergency lane, the ambulance can arrive fast and aid can be given on time," she was quoted as saying.

Prior to this, the RTD imposes a compound of RM300 for those who abuse the emergency lane.

After a spate of offences that were highlighted in social media, however, the department decided in June last year to haul offenders straight to court instead of offering a compound, which would enable it to impose stiffer penalties.

Asked to comment on the disparity between the 19 cases last year and the case against Yusoff, Syahredzan said the cases cannot be compared directly.

Instead, each case needs to be considered based on the facts of that particular case, as well as any aggravating or mitigating factors.

“We can’t really make a comparison in that way because there are different mitigating and aggravating factors in these cases, so it is a bit difficult to say that it (the fine) should have been higher, or lower, or whatever.

“There might have been situations that aggravated those other cases, which meant that they get a higher fine,” he said.

Separately, Deputy Transport Minister Ab Aziz Kaprawi reportedly lauded the court decision against Yusoff as proof that Malaysia's judiciary is transparent, and anyone can be subject to legal action regardless of their position or background.

"Whoever breaks the rules would face legal action. This is in line the government's hope of reducing traffic accidents, and we also want to be fair to everyone," Bernama quoted him as saying.