PUTRAJAYA: Former Road Transport Department deputy director-general (Planning and Operations) Datuk Yusoff Ayob was ordered to pay a maximum RM2,000 fine today after he was convicted by the magistrate's court for driving in an emergency lane last year.
Magistrate Muhammad Zaki Abd Kudos made the decision after finding Yusoff guilty of the offence and ordered the latter to serve four months jail in default of the fine.
"After hearing submissions from both parties, the court therefore finds that the accused is guilty and convicted of the offence," Muhammad Zaki said.
Yusoff, 58, who was transferred to the Public Service Department on July 21 after he was charged, paid the fine.
Earlier, deputy public prosecutor Muhammad Izzat Fauzan urged for a deterrent sentence, saying that Yusoff, who is a top official with a responsibility to uphold the law, should set a good example to the people.
"The accused who is an officer given a responsibility, had abused his power by violating the law.
"A stern message should be conveyed to all enforcement agencies as a lesson not only to the accused but also to the public," he said.
Yusoff's lawyer, Datuk Baljit Singh Sidhu, argued that the offence by his client was not a criminal offence under the Penal Code.
"It is a normal offence committed by traffic offenders under the Road Transport Act," he said.
Baljit, outside the court, told reporters that this decision has no effect on his client's service.
Yusoff however declined to issue any comments to the media.
A total of five prosecution witnesses and two defence witnesses were called to testify in the trial.
Yusoff 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 an imprisonment of up to six months or both, if found guilty.
On July 18, Yusoff did not show up in court and instead sent his special officer to plead guilty to the offence on his behalf. He was fined RM600.
The incident drew ire from the public and many complained about the special treatment accorded to Yusoff and the fine imposed, saying it was too low.
Kuala Lumpur High Court Judicial Commissioner Datuk Ab Karim Ab Rahman, using his revisionary powers as a judge, remitted the case to the magistrate's court for Yusoff to make the plea himself.
On July 25, Yusoff appeared in court and had pleaded not guilty to the offence.
He claimed that he was not clear about the legal process and had received the wrong advice when he sent his special officer to plead guilty to the charge on his behalf.