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52 charged for defying Movement Control Order
Published on: Wednesday, April 22, 2020
By: Jo Ann Mool
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File photo from Bernama.
Kota Kinabalu: A total of 52 individuals were charged in the Magistrate’s Court here Tuesday with defying the Movement Control Order (MCO).

Forty-nine of them including nine paperless foreigners, aged between 19 and 68, who were brought before Magistrate Lovely Natasha Charles in stages pleaded guilty to the offence.

Forty locals were sentenced to three months’ jail each.

However, instead of serving imprisonment sentence, the 40 are to comply with the Compulsory Attendance Order (CAO) for three months, four hours a day, held Lovely.

The 40 would have to carry four hours of community service a day, to be determined by the prison authorities, she said.

Failure to follow the Order, the 40 are to serve three months jail as the original imprisonment sentence, said Lovely, adding that, the CAO to commence after the MCO lifted.

Lovely stressed that the 40 were actually convicted of the offence and told them that the decision of imposing the CAO was to avoid congestion in prison and also to avoid the spreading of the Covid-19.

The 40 were Md Fouzi Md Sujeri, Md Sezalmi Mohamad, Md Al Asri Madri, Lerry Joy Benson, Md Danial Othman, Samsudin Salikin, Arson Dusup, Chrispin Kiwong, Patrick Kinsan, Drazanis Loubi, Salihan Md Salleh, Alfred Nicko Nuat, Hilary Herie, Md Syahrin Anwar, Muslimin Suddin, Harem Sulaiman, Azmin Morusing, Md Nur Syahiran Zainudin, Mohammad Shahfiq, Freddenand Almanzo, Syed Anuar, Kiting Juraman, Siti Sahara Ahmad, Hairul Nizam, Shannon Pang, Hansar Abd Kahal, Murpi Durait, Muslimanshah Muluk, Md Azuan Morusing, Edwin Sagari, Ho Ka Chung, Desmond Timothy, Md Azman Rahmani, Adnan Madsan, Binsunari Amir, Abd Jadi Abd Taat, Md Nor Ramdan, Jumatli Washinton, Kristine Masungit and Santosa @ Ali Jonoh.

Murpi was also fined RM2,500 or six months jail for another count of not obeying an instruction by a police officer in enforcing the MCO at 1pm on April 16 at Jalan UMS.

The nine foreigners were Ibrahim Rahman, Alfie Abu Bakar, Abner Insam Nasaluddin, William Monceda, Ismail Hamsi, Md Albin Abdullah, Jaison Abdul, Rajim Walim and Salbin Samla.

They were jailed 14 days and ordered to be referred to the Immigration Department thereafter.

The 49 were arrested by police for being in an area of infection without a valid reason under the MCO and also by moving from one area of infection to another.

They had committed the offence between April 15 and April 19 at separate locations in the city, Jalan Sulaman, Kolombong, Inanam, Kg Numbak Manggatal, Indah Permai, Jalan Luyang, Iramanis, Lido, Jalan Kionsom, Alamesra, Likas, Damai, Kg Cenderakasih Likas, Kopungit.

Based on the facts of the case presented by the prosecution, among their reasons of being away from their house during MCO was that they were bored staying in the house and wanted to get some fresh air outside, sending friends, having a hair cut from a friend’s house, throwing rubbish at the garbage bin outside and wanted to charge their handphone at their office

The 40, who were unrepresented, requested for leniency saying that they regretted their action.

The prosecution applied for a deterrent sentence as a lesson to all the 40 as well as a reminder to public at large by submitting that their act of violating the Order showed their stubbornness even though the MCO entered phase three.

Kota Kinabalu city had been declared red zone by the health ministry and that their stubbornness by going out without any valid reason made it difficult for the health ministry to cut the spread of Covid-19, said the prosecution.

The 49 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.

Meanwhile, a 34-year-old lorry driver claimed trial to two counts of being in an area without valid reason during the MCO and obstructing policeman in performing his duty by acting aggressively and trying to run away from a police roadblock.

Jefery Kori was accused of committing the offence at 12.30am on April 17 at Jalan Tuaran By-pass near Kg Rampayan/Darau, Mangatal.

The court set July 7 for mention of both cases and released Jefery, who was represented by counsel Ram Singh, on a bail of RM1,000 undeposited in one surety on each charge.

Another two foreigners Raja la Nondo and Sulura Samudi pleaded not guilty to violating the MCO by being in Sinsuran area at 6.57pm on April 16 without valid reason.

The court fixed July 6 for mention of the case and offered Sulura who hold a valid passport and represented by Ram Singh, on a bail of RM3,000 in one surety and ordered Raja be remanded further.

Deputy Public Prosecutors Rustam Sanip, Rozana Abd Hadi, Nur Syafiqah Suleiman and Siti Amirah Muhammad Ali and Inspector Lim Swee Beng prosecuted.


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