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Case shows justice prevails

EARLIER this week, the magistrate’s court in Putrajaya saw the deputy director-general of the Road Transport Department being charged with driving on the emergency lane in Lingkaran Putrajaya in October last year.

It does not bode well for the country that the deputy director-general of the very department that is supposed to be enforcing road rules, besides the police force, of course, breaks said rules. But it does bode well that such an officer is charged in court over the matter.

Yes, the charge came about after a member of the public sent in a photograph of the offence being committed. But, it doesn’t exactly matter how the charge came about as it could easily have been swept under the carpet.

That it wasn’t means that there is some sense of justice in the country, that you can’t just commit a crime or an offence and get away with it, no matter who you happen to be.

But, the way the case was handled in court left much to be desired and the attitude of the senior government servant involved was cavalier, at best.

In fact, that senior government servant, it must be said, appeared to show no regard for a court of law.

Instead of showing up for the case, he sent his special officer to stand in and plead guilty for him.

This is despite the fact that under Section 119 (1)(c) of the Road Transport Act 1987, any person summoned to answer a charge that might be compounded must appear to answer the charge personally or through an advocate or solicitor.

His special officer, it is only natural to assume, is likely not an advocate or solicitor, so that would mean the senior officer had gone against this section.

It was reported that the RTD prosecuting officer who handled the case did not raise the matter of the accused being absent to face the charge, meaning he had failed in his duty. But let’s be fair to the prosecuting officer... how can we fault him for not saying anything about one of his big bosses?

The offence, by the way, carries a maximum fine of RM2,000 or six months’ jail. In sentencing, the magistrate in the case meted out a fine of just RM600.

Checks by New Sunday Times showed that in previous reported cases, 52 people charged with similar offences were given fines of between RM1,000 and the full RM2,000.

Not surprisingly, the case and its outcome drew much flak from people, including both retired and serving members of the judiciary and legal fraternity. Chief Justice Tan Sri Md Raus Sharif even told this newspaper that he would seek a report from the court.

Many asked how the magistrate could have allowed the case to continue without the accused being present in court. Even more asked why the RTD deputy director-general could have gotten off with what is basically a slap on the wrist compared with others before him.

That last one is, indeed, a valid question. As one of the top officers in the RTD, Datuk Yusoff Ayob should have known better. This is the very department tasked with keeping road users in check. This is the very department which had reportedly gone on a crackdown against those found to be using emergency lanes.

The crackdown was launched after two brothers, who had been involved in an accident in Ayer Keroh in May last year, died while waiting for an ambulance.

The emergency vehicle could not make it to the scene, thanks to inconsiderate motorists who had hogged the emergency lane.

On Friday, however, some measure of parity was restored. Judicial commissioner Datuk Indera Ab Karim Ab Rahman used his revisionary powers as a judge to review the case against Yusoff, summoning the RTD officer to appear personally before him.

He set aside the guilty plea and sentence, and ordered a retrial. What’s more, he ordered that the case be heard before a new magistrate, and perhaps just to make it extra clear to Yusoff, ordered the latter to enter his plea in person at the Putrajaya magistrate’s court on Tuesday.

The judicial commissioner’s move should be commended. It shows clearly that the judiciary in this country is still independent, that it still cares that justice should prevail.

Now, let’s see what the new magistrate will do.

Leslie Andres has more than two decades of experience, much of which has been spent writing about crime and the military. A die-hard Red Devil, he can usually be found wearing a Manchester United jersey when outside of work. He can be reached via lesliea@nst.com.my

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