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Three months' community service for violating MCO
Published on: Wednesday, April 08, 2020
By: Jo Ann Mool
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File photo from Bernama.
Kota Kinabalu: Two men, who defied the Movement Control Order (MCO) by being on the road in a drunken state, were ordered to undergo three months of Compulsory Attendance Order (CAO).

Gardeners Wenly Sius, 23, and Ediwin Ekus, 28, pleaded guilty before Magistrate Lovely Natasha Charles to intentionally being at a roadside of Jalan Mawas, Taman Foh Sang at 10.30pm on Apr 3, an area declared a contagious area under the Prevention and Control of Infectious Diseases (Declaration of Infected Local Areas) Order 2020 without police permission.

The court ordered them to perform the community service for four hours daily or three months jail each.

The court heard from the prosecution that the patrolling police on Covid 19 Op stopped a car that was driven in a dangerous manner.

Investigations revealed two men, who were intoxicated, were inside the car and that the men later identified as Wenly and Ediwin confessed to having drinking sessions at Kg Dambai in Manggatal and was on their way to their home in Lido.

The two were then brought to the police station after being explained that they had violated the MCO.

Duty counsel Lim Ming Zoong @ Lawrence, representing the duo applied for leniency as they were the sole breadwinner to their respective family.

Deputy Public Prosecutor (DPP) Nur Syafiqah Suleiman applied for a deterrent sentence to commensurate the seriousness of the offence and as a lesson to the duo and to the potential offenders not to repeat the same offence.

She submitted that Covid 19 was a very serious matter and that the MCO was enforced to strengthen the public’s health and to curb the spread of the disease.

Meanwhile, a 21-year-old man was sentenced to four days’ jail on a similar offence.

Salim Muksin admitted to committing the offence at a junction to Kg Gudon, Jalan Sepanggar, Manggatal at 5.30pm on April 3. 

The court heard that Salim, who was riding a motorcycle was detained by police enforcing the MCO for being in a suspicious manner.

Salim told the police that he was on his way to Tuaran from Putatan to get a motorcycle spare part.

When asked to return back home, Salim insisted to continue his journey and he also failed to produce identification document and driving licence when asked before arrested.

Duty counsel Michelle Usman requested for Salim to be bound over as he is married and remorseful and that he lost his job in the construction area due to the MCO and that although he was aware of the risk of going out, he was out to do a trade to get some money.

The prosecution applied for a deterrent sentence and informed the court that Salim only has a late birth certificate and that his mother has a valid identification document.

The court ordered Salim to serve the sentence from the date of his arrest.

Wenly, Ediwin and Salim had had violated Rule 3(1) of the Prevention and Control of Infectious Diseases (Measures within the Infected Local Areas) Regulations 2020 which is 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. – Jo Ann Mool


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