MCO: One jailed, one fined in Sabah for ob­struct­ing po­lice

The Borneo Post (Sabah) - - Front Page - By Su­raini An­dokong

KOTA KINABALU: Two men were yes­ter­day convicted by the Mag­is­trate's Court here for separate charges of ob­struct­ing po­lice­men from car­ry­ing out their du­ties dur­ing two op­er­a­tions called Ops Covid-19 and Ops Payung Luyang to en­force the Move­ment Con­trol Or­der.

Yong Tze Hou was sen­tenced to 10 months' jail while In­ji­mar Abu Ga­far was fined RM6,000, in de­fault, 10 months in jail af­ter they pleaded guilty be­fore Mag­is­trate Stephanie Sher­ron Ab­bie to charges un­der Sec­tion 186 of the Pe­nal Code.

The in­dict­ment car­ries a jail term of up to two years or a fine or both, upon con­vic­tion.

The 26-year-old Yong was ar­rested be­tween Jalan Kam­pung Cen­der­akasih and Jalan Bukit Ben­dera on March 25.

The facts of the case stated that at about 1.30am on the day of the in­ci­dent, a mo­bile po­lice sta­tion van saw a car driven by the ac­cused in a sus­pi­cious man­ner.

When the po­lice ap­proached the car, the ac­cused sped off im­me­di­ately.

The po­lice per­son­nel in Ops Payung Luyang gave chase, and at the same time they in­formed per­son­nel from Kota Kinabalu op­er­a­tion room and re­quested as­sis­tance.

Soon af­ter eight ve­hi­cles joined the po­lice van to chase af­ter the ac­cused.

The po­lice per­son­nel pur­su­ing the ac­cused told him to stop his car but he just ig­nored the or­der.

When the po­lice over­took the ac­cused's car, they saw a woman in the front pas­sen­ger seat whom they be­lieved was hold­ing a baby.

The chase lasted about an hour af­ter the ac­cused's car ran out of fuel.

Po­lice in­ves­ti­ga­tion re­vealed that the ac­cused and the woman were friends, and that the ac­cused was send­ing the woman to her hus­band's fam­ily house to in­form fam­ily mem­bers that her hus­band had failed to re­turn home.

Her hus­band was al­legedly ar­rested for not hav­ing any valid travel doc­u­ment.

Po­lice in­ves­ti­ga­tion fur­ther showed that when the van ap­proached the ac­cused's car, the ac­cused pan­icked, prompt­ing him to speed off in a des­per­ate at­tempt to es­cape.

A check was con­ducted on the own­er­ship of the car which was reg­is­tered un­der the name of the ac­cused's fam­ily mem­ber.

In plead­ing for a le­nient sen­tence, the ac­cused re­quested for a fine and apol­o­gized to the po­lice and pub­lic for act­ing silly that day without thinking of the con­se­quences

In re­ply, the pros­e­cu­tion pressed for a de­ter­rent sen­tence on the grounds that the ac­cused had taken un­nec­es­sary risk by do­ing what he had done which en­dan­gered the life of his pas­sen­ger, a baby and him­self.

The pros­e­cu­tion also sub­mit­ted that the ac­cused failed to un­der­stand or re­fused to un­der­stand the im­pact of his ac­tion un­der the cur­rent sit­u­a­tion.

The pros­e­cu­tion ex­plained that the po­lice were forced to take risk as some­body with Covid-19 could be mov­ing from one place to an­other point that might fur­ther spread the dis­ease.

The pros­e­cu­tion added that the ac­cused was lucky that the po­lice did not use force against him.

How­ever, un­nec­es­sary man­power had been utilised just to chase him.

Mean­while, In­ji­mar, 33, was ap­pre­hended at Mile 7, Jalan

Tuaran on March 23.

The facts of the case stated that when the po­lice were do­ing their du­ties, In­ji­mar did not co­op­er­ate and he had no div­ing li­cence for which a traf­fic sum­mons was is­sued against him.

There was a pas­sen­ger in­side his car when he was asked to come out of the car for al­legedly driv­ing without any valid travel doc­u­ment.

The ac­cused be­came an­gry af­ter the pas­sen­ger was asked to come out which prompted the ac­cused to con­front the po­lice and ut­tered harsh words while punch­ing the bon­net.

In mit­i­ga­tion, In­ji­mar pleaded for a le­nient sen­tence and claimed that he got an­gry that day be­cause his wife had asked him to buy some dishes but ended up be­ing rude when po­lice con­ducted a check on him.

In re­ply, the pros­e­cu­tion urged the court to im­pose a de­ter­rent sen­tence against the ac­cused and sub­mit­ted that the ac­cused could have avoided all the prob­lems if he had com­plied with po­lice in­struc­tions.

The pros­e­cu­tion also said that un­der the cur­rent sit­u­a­tion, the pub­lic must abide by the au­thor­i­ties' in­struc­tions.

The court also or­dered In­ji­mar to be re­ferred to the Im­mi­gra­tion Department for fur­ther ac­tion.

Yong (sec­ond left) and In­ji­mar (sec­ond right) af­ter they were sen­tenced yes­ter­day.

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