Malaysia

Nasi kandar shop owner denies causing Sivagangga cluster

Nezar Mohamed Shabur’s defence says plaintiffs’ claims cannot be made before the ruling by the Court of Appeal’s criminal division

Updated 5 years ago · Published on 22 Dec 2020 6:47PM

Nasi kandar shop owner denies causing Sivagangga cluster
Nezar Mohamed Shabur Batcha (pic) accused of being the cause of the Sivagangga Covid-19 cluster in Kedah has requested that the plaintiff’s case be struck out for lack of locus standi. – Facebook pic, December 22, 2020

by Arjun Mohanakrishnan

KUALA LUMPUR – Nasi kandar shop owner Nezar Mohamed Shabur Batcha is denying that he is the cause of the Sivagangga Cluster.

Nezar said this in his statement of defence, filed on December 20 at the Alor Star High Court.

“The defendant denies that he was the one who started the Sivangga cluster, which resulted in an enhanced movement control order (EMCO) in the area,” the statement of defence read.

In the document, it was also revealed that Nezar had appealed his sentence of five months' jail and RM15,000 fine for violating the home surveillance order.

“The plaintiffs cannot claim that the defendant is the cause of the Sivagangga cluster when the matter has not been decided by the Court of Appeal’s criminal division,” the statement of defence added.

Additionally, Nezar also requested the court strike out the plaintiff’s case for lack of locus standi, in other words, that the plaintiff does not have a case against him.

On August 19, the Consumers Association of Kedah sued Nezar for RM1.5 million over lost income caused by Nezar’s failure to comply with the home surveillance order.

It alleged that Nezar was found positive for Covid-19 and infected others, creating the Sivagangga cluster, which resulted in the EMCO being implemented in Kubang Pasu. – The Vibes, December 22, 2020

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