PUTRAJAYA: A former senior Road Transport Department (RTD) official who was charged with driving in the emergency lane will know next month whether he will be freed or told to enter his defence.
Magistrate Muhammad Zaki Abd Kudos set Oct 5 to decide after hearing submissions at the end of the prosecution's case in the trial over the conduct of the then RTD deputy director-general (planning and operations) Datuk Yusoff Ayob.
The court was told that Yusoff had acted beyond his powers when he was monitoring the congestion at Lingkaran Putrajaya where the alleged offence was committed last year.
Deputy public prosecutor Muhammad Izzat Fauzan submitted that there was no provision under the Road Transport Act stating that Yusoff (as an RTD deputy director-general) could use the emergency lane to carry out enforcement action.
"Rule 53(1) of the Road Traffic Rules 1959 prohibits vehicles to be driven, parked or pushed in the emergency lane," he said.
He said however under Rule 9, ambulance, police, customs and prisons vehicles that have urgent duty by means of distinctive siren, bell or multi-toned horn were an exception.
"The vehicle bearing BLY 68 plate number is not categorised under Rule 9," Izzat said.
Counsel Datuk Baljit Singh Sidhu who represented Yusoff said it was clear through the testimony of the fifth prosecution witness, who was the former RTD investigating officer, that his client was driving there to monitor what had caused the traffic congestion.
"The first and fifth witnesses had testified that there was traffic congestion during the incident as all vehicles had to go to the right lane to make a U-turn.
"He (Yusoff) should receive an award for going down there to check what was going on," he said.
Baljit further submitted that the investigating officer had also testified that he had made a recommendation that no further action should be taken against Yusoff upon completing his investigation.
The witness had yesterday testified that the proposal however was only approved by two of his superiors but not by a top official in the department.
A total of five prosecution witnesses were called to testify yesterday.
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.