LAWYER AC­QUIT­TED OF PARK­ING OF­FENCE

Ex-PKR rep wins case against Pe­nang Is­land City Coun­cil

New Straits Times - - News - SITI NURSURAYA ALI GE­ORGE TOWN news@nst.com.my

PE­NANG Is­land City Coun­cil may have to re­view its park­ing sum­mons pro­ce­dures af­ter the mag­is­trate’s court yes­ter­day ac­quit­ted lawyer V.S. Raveen­tha­ran of park­ing of­fences.

Mag­is­trate Mo­hamad Amin Shahul Hamid said the pros­e­cu­tion failed to prove a prima fa­cie case and there were sev­eral tech­ni­cal is­sues with re­gards to the case.

“The pros­e­cu­tion failed to present to the court a sam­ple of sig­na­ture, one of the first and most im­por­tant ex­hibits,” he said.

Raveen­tha­ran, who is for­mer Batu Uban assem­bly­man, was ac­cused of il­le­gally park­ing his car on March 11, 2014, at 10.30am in Jalan Tun Syed Shah Barak­bah, an of­fence un­der Ar­ti­cle 5(1) of MPPP’s Road Trans­port Or­der (mo­torised ve­hi­cle park­ing) 2014.

Rep­re­sent­ing Raveen­tha­ran was lawyer Baljit Singh, who said the coun­cil had is­sued a sum­mons to his client with­out any proof of his of­fence.

“They could not prove it was my client who parked the car and they failed to give him the chance to ex­plain. In­stead, they is­sued the sum­mons on his name be­cause he owned the car,” he said out­side the court room.

Baljit said the de­ci­sion was an eye-opener for the peo­ple of Pe­nang to take an­other look at their sum­monses from the coun­cil. He said the de­ci­sion by the mag­is­trate’s court was his­toric as it would in­val­i­date the coun­cil’s park­ing sum­monses is­sued be­fore.

He said that there was no proof of Raveen­tha­ran re­ceiv­ing the sum­mons in the first place.

Baljit said his client would con­tinue to chal­lenge other park­ingre­lated com­pounds as the coun­cil had in­dis­crim­i­nately fined Pe­nang mo­torists over the years.

When ap­proached, Raven­tha­ran said he had 53 un­set­tled sum­monses.

The coun­cil was rep­re­sented by its pros­e­cu­tion of­fi­cer, Noorazrein No­ra­zlan Ong .

The New Straits Times met sev­eral Pe­nang mo­torists who had re­ceived sim­i­lar sum­monses is­sued by the coun­cil.

A mo­torist, who wished to be known as Lim, 43, said he was glad it was clear that the coun­cil’s sum­monses were tech­ni­cally il­le­gal.

“It is good to know, be­cause if you think about it, the coun­cil has got­ten away with il­le­gally ob­tain­ing money.

“It is time for the peo­ple to act and take ac­tion against them,” he said.

Lim said he would re­fer to his lawyer if he could get a re­fund for the sum­monses he had paid for and for ad­vice on his re­cent park­ing ticket.

An­other mo­torist, Nor Khairiah Omar, 38, said she was rush­ing to a meet­ing and could not find a park­ing spot, so she parked by the road­side.

“I made sure my car did not ob­struct traf­fic, so I parked in the al­ley along a yel­low line. I got a ticket to­day (yes­ter­day) and I plan to pay for it,” she said.

Nor Khairiah said al­though the court had ruled that the coun­cil’s traf­fic sum­mons were tech­ni­cally in­com­plete, she knew it was wrong to park next to a yel­low line.

“I may be able to get away with it, but my con­science won’t be at peace,” she said.

PIC BY DANIAL SAAD

For­mer Batu Uban assem­bly­man V.S Raveen­tha­ran (left) with his lawyer Baljit Singh at the Ge­orge Town mag­is­trate’s court yes­ter­day.

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