High Courts ordered to expedite open hearing of MCO reviews, appeals
CORONAVIRUS | The Chief Judge of Malaya and Chief Judge of Sabah and Sarawak have instructed all High Courts to expedite hearings concerning reviews and appeals on sentences related to the movement control order (MCO).
In an internal memo to court officials by Federal Court chief registrar Ahmad Terrirudin Mohd Salleh sighted by the media, Ahmad said all such cases are to be heard in open courts...
CORONAVIRUS | The Chief Judge of Malaya and Chief Judge of Sabah and Sarawak have instructed all High Courts to expedite hearings concerning reviews and appeals on sentences related to the movement control order (MCO).
In an internal memo to court officials by Federal Court chief registrar Ahmad Terrirudin Mohd Salleh sighted by the media, Ahmad said all such cases are to be heard in open courts.
Ahmad Terrirudin said he was relaying the directive on the orders of Chief Judge of Malaya Azahar Mohamed as well as Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim.
“I have been instructed by the Chief Judge of Malaya and Chief Judge of Sabah and Sarawak to inform that if there is any party aggrieved by the court order on offences involving the MCO, and have filed for a judicial review or criminal appeal, your cooperation is sought to bring the cases to the (High Court) judges attention for a hearing date to be fixed as soon as possible, and it will be heard in open court,” the letter read.
The government imposed the MCO from March 18 to April 14 in a bid to contain the spread of the deadly Covid-19 outbreak.
However, over recent weeks, police and military have begun cracking down on those deemed to have violated the MCO, with 4,189 arrests and 1,449 charges made from March 18 to April 2.
Most arrests have been made under the Prevention and Control of Infectious Diseases (Measures Within the Infected Local Areas) Regulations 2020.
Under the Prevention and Control of Infectious Diseases Regulations, those found guilty would be liable to a fine of up to RM1,000, a jail term of up to six months or both.
Meanwhile, the Prevention and Control of Infectious Diseases Act 1988 provides for imprisonment up to two years or a fine of up to RM1,000 or to both for the first offence; imprisonment up to five years or a fine or both for repeat offences; as well as up to RM200 for every day involved in a continuing offence.
Several arrests have also involved cases of confrontation with police personnel and alleged obstruction of their duty.
During the partial shutdown MCO, members of the public are required to stay at home unless for permitted work, to purchase food and essential goods, and to acquire health and other stipulated essential services and for emergencies.
Jogging, and other forms of outdoor sports or exercises as well as gathering in groups are not permitted.
However, criticisms have mounted over the arrests, with many quarters deeming it excessive and expressing concern over potential overcrowding of prisons.
On Saturday it was reported that the Prisons Department had appealed to the courts not to jail MCO offenders as prison overcrowding has made social distancing difficult.
There are currently 73,000 prisoners being housed in spaces intended to hold 52,000 inmates.
In response, Chief Justice Tengku Maimun Tuan Mat urged judges to take into consideration prison overcrowding when sentencing those who flout the MCO.
All these led to Putrajaya ordering the Attorney-General's Chambers, the police, and the Prisons Department to sort out the issue of overcrowding in jails.
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