PUTRAJAYA: The magistrate’s court today heard that there was a recommendation that no further action should be taken against a senior Road Transport Department (RTD) official who was charged with driving in the emergency lane.
Former RTD investigating officer Zailani Zainal Abidin, who was testifying as the fifth prosecution witness in the trial over the conduct of RTD deputy director-general (planning and operations) Datuk Yusoff Ayob, told the court that he had made the recommendation upon completing his investigation.
Zailani however, noted that his proposal was only approved by his superior but not by two other top officials in the department.
To a question by Yusoff's counsel Datuk Baljit Singh Sidhu, the witness agreed that he made the recommendation due to that it “could not be avoided”.
“It was congested at the time (of the incident). He (Yusoff) told me that he drove his car at the left lane (emergency lane) as he wanted to have a look of what was causing the traffic congestion,” he said.
Baljit then asked whether there was a possibility of bad intention amounting to his client's prosecution, to which Zailani replied that he was unsure.
Earlier, RTD assistant enforcement officer Ahmad Zaid Kamarul Awang took to the stand. Zahid, during an RTDF operation, had taken photographs of Yusoff’s car as it was in the emergency lane.
In his testimony, Zaid said he had no idea that during the incident, Yusoff was monitoring the congestion at Lingkaran Putrajaya.
Cross-examined by Baljit, Zaid said he did not even know that the car he snapped was Yusoff's.
Baljit: Do you know that under the Road Transport Act, Yusoff has the right to carry out monitoring and enforcement powers to see what was causing the congestion?
Zaid: Yes, I do.
Zaid also admitted to using his personal mobile phone instead of the camera provided by the department to capture the image of Yusoff's car during the incident. He said there was no standard operating procedure requiring enforcement officers to use the department's camera.
Ahmad Zaid said on Oct 7, 2016, he was tasked with carrying out an operation and was ordered to take photographs of vehicles near Lingkaran Putrajaya from 4.50pm to 7.20pm.
He testified that he took 20 photos of a black Proton Inspira, bearing the registration plate BLY 68, that day.
A total of five prosecution witnesses were called to testify today.
Submissions by the end of the prosecution's case will be heard before Magistrate Muhammad Zaki Abd Kudos tomorrow (Thursday).
On July 21, Yusoff was transferred to the Public Service Department after he was charged here on July 18.
Yusoff, 58, was accused of driving in the emergency lane, an offence under Rule 53(1) of the Road Traffic Rules 1959, by driving a car bearing the registration BLY 68 in Lingkaran Putrajaya at 6.27pm on Oct 7 last year.
The charge under Section 119(1) of the Road Transport Act 1987, carries a fine of up to RM2,000, or imprisonment of up to six months, or both, if found guilty.