PETALING JAYA: The Attorney-General's Chambers (AGC) says that they did not charge Datuk Dr Mohd Khairuddin Aman Razali for flouting the mandatory home quarantine rule due to insufficient evidence which failed to meet the required burden of proof.
The AGC said that there was no home surveillance or observation order for him to observe such home surveillance or observation order as stipulated under subsection 15(1) of Act 342 issued by the authorised officer in the exercise of his discretion to the Plantation Industries and Commodities Minister.
The AGC said that Form 14b, as prescribed in the Health Ministry guidelines which contained an order for home surveillance and/or observation order under subsection 15(1) of Act 342, was not issued to Khairuddin at the Kuala Lumpur International Airport (KLIA).
"For an act to be considered as an offence of breaking a home quarantine order under Act 342, the home surveillance or observation order is required to be issued to the Minister under subsection 15(1) of Act 342," the AGC said in a statement on Wednesday (Oct 21).
The AGC said that upon Khairuddin's arrival at KLIA, he underwent a Covid-19 health inspection and swab test, with a negative result.
He was allowed to return to his residence by the authorised Health Ministry officer appointed under section 3 of Act 342.
The AGC said that Khairuddin then underwent a second health screening on July 10 at Hospital Kuala Lumpur to attend a ceremony at Istana Negara on Aug 17, with the result also negative.
Khairuddin's violation of the mandatory 14-day quarantine came to light when it was raised in the Dewan Rakyat on Aug 18 by Seputeh MP Teresa Kok.
He had returned from what he described as a "semi-working trip" to that country, which included members of his family, on July 7.
The police submitted their investigation papers to the AGC last month after recording the statements of more than 10 people.
After the issue was brought to light, the Health Ministry said it had slapped Khairuddin with a RM1,000 fine for breaching the Prevention and Control of Infectious Diseases Act 1998 (Act 342) on Aug 7.
Khairuddin said he would forgo his salary from May to August as an act of remorse for violating the 14-day quarantine ruling.
In a statement where he apologised to all Malaysians, Khairuddin said he would donate the money to the national Covid-19 fund under the Health Ministry.
However, many insisted that Khairuddin should resign, noting that members of the public found guilty of the same breach were jailed and slapped with heftier fines.
Kenyataan Media Mengenai Kes Melibatkan YB Dato’ Dr. Mohd. Khairuddin bin Aman Razali Menteri Perusahaan Perladangan dan Komoditi Merangkap Ahli Parlimen Kuala Nerus. pic.twitter.com/jX72DJBlnt— Jab Peguam Negara (@AGCPutrajaya) October 21, 2020
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