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