Kota Kinabalu: A fishmonger was slapped with RM500 fine or one-day jail for breaking the standard operating procedures (SOP) of Conditional Movement Control Order (CMCO) for not wearing a mask or providing a body temperature gauge at his premises.
Silih Gambus, 52, pleaded guilty before Magistrate Jessica Ombou in Tuaran to committing the offence at 4.15pm on Oct 25, 2020 at Rugading Commercial Centre, Tuaran.
Silih had violated Rule 11(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, which carries a fine of up to RM1,000 or a jail term for not more than six months, or both, on conviction.
Prosecuting officer from Tuaran Health Department, Kelvindiran Ularkanazan, informed the court that Silih was served with compound by police during the Covid-19 Special Ops for not wearing a mask or providing a temperature gauge at the stall in the said centre.
The court also heard that Silih failed to give a reasonable explanation for not doing so.
The prosecution added that Silih failed to pay the compound.
Silih, who was not represented, applied for a lenient sentence on the grounds that it was his first offence and that he only sells fish on a small scale to provide for his family.
Kelvindiran applied for an appropriate sentence as a lesson to others on the importance of complying with the SOP.
He said the directive of wearing a mask and providing a temperature gauge at premises was enforced by the government on Aug 1, 2020 with a significant increase of cases in Sabah, especially Tuaran.
“The accused is a fishmonger at the premises and always meet the people, therefore, the public interest should take precedence over the interest of an individual,” said Kelvindiran.
He added that Silih’s guilty plea did not necessarily get credit in cases involving public health, especially during the pandemic.
The offence is also compoundable but Silih failed to pay the compound, said the prosecution.
