MCO: High Court judge upholds jail sentence on 'Kajang 17' for non-compliance

SHAH ALAM: The High Court here has maintained the jail sentence imposed on 17 people who had flouted the movement control order (MCO) by gathering at a condominium unit in Kajang earlier this month.

In her judgment, Judicial Commissioner Norsharidah Awang told the group – aged between 22 and 34 – to stay at home, as the MCO was to curb the spread of an infectious disease.

“Don’t just think about yourselves. Think about other people, the frontliners.

“If I don't give a strict punishment, other people would do the same, ” she said.

Despite maintaining the jail sentence, JC Norsharidah set aside the 14-day jail sentence by a Kajang Magistrate's Court and shortened it to 10 days instead.

The sentence was ordered to run from the date of arrest, which was April 3.

"I want to teach you all a lesson. Now you already know how it feels to be in prison.

"So, today, all of you can be released," she said during a hearing for revision in the case on Tuesday (April 14).

The group let out a sigh of relief and collectively thanked the judge after hearing the decision.

They had filed for a revision on their sentence at the High Court and sought for it to be commuted to community service, a shorter jail term or a fine.

Deputy Public Prosecutor Wan Shahida Wan Omar appeared for the prosecution, while lawyers KA Ramu, Kirthiraj Rajasundram and Jabir-Abdullah Amir represented the group.

On April 8, Syafiq Asyraf Khan Gulab Khan, Muhammad Halim Md Yasin, Mohd Saddam Hussain, Amirul Asyraf Muzaffar, Aiman Firdauz Azri, Muhamad Riduwan Abd Razak, Afeeq Aiman Razman, Muhammad Shahmi Samsulnizam, Mohammad Afiq Mohammad Afifi, Nuur Tamiyah Mohamad Yusof, Muhammad Danial Ali Hussin, Mohd Syafiq Azri, Mohamad Akir Abdul Aziz, R. Brithibaaraj, Yan Naida Sakila Jaafar, Wan Nurhuda Wan Salam and Nur Sabrina Ihsan pleaded guilty at the Kajang Magistrate's Court after the charges were read out separately.

They admitted to being present at an infected area without valid reasons at Kondominium Amerin, Taming Jaya, Kajang, at 12.35pm on April 3.

The offence under Rule 6 of the Prevention and Control of Infectious Diseases (Measures Within the Infected Local Areas) Regulations 2020 carries a maximum RM1,000 fine and up to six months’ jail, or both, if convicted.

According to the statement of facts, 19 people – 14 men and five women, including two minors – were arrested by a team of policemen from the Ops Covid-19 task force who acted on a noise complaint by neighbours at the condo.

There were no illegal items found on them, but the group failed to give a reason why they were out, and therefore violated the MCO.

The two 17-year-olds also pleaded guilty to the same charge but are currently out on a RM500 bail each, pending their social report from the Welfare Department and sentencing on May 14.