GEORGE TOWN – Individuals who breach Covid-19 quarantine can be sued for negligence, or even attempted murder if they infect others and cause life-threatening harm, said Lawyers for Justice Movement.
“If the damage is life-threatening, we can even charge (quarantine flouters) under criminal law,” said coordinator S. Raveentharan.
"If you know you’re carrying an infectious disease that can kill others, especially senior citizens, it could be seen as attempted murder.
“Other people may contract the disease because of one person’s negligence.”
Whether there is a criminal probe depends on the deputy public prosecutor and attorney-general, he said.
“There is a possibility for a criminal investigation, but it is for the DPP or A-G to charge the person with criminal liability.
“We have no vaccine and are all under red alert.
“In Indonesia, the leaders are following the SOPs and trying to get the people to do the same. In Malaysia, the people are following the SOPs, but the leaders are flouting them.”
His remarks come after the Consumer Association of Kedah (CAKE) announced plans to sue a politician for allegedly sparking a new cluster in the state.
The state yesterday saw a surge to 1,447 infections, with four deaths. It has 1,118 active cases, among the highest in the country.
Raveentharan stressed that elected representatives have a duty to the public, adding that those who went to Sabah last month for the state election – which has been cited as a reason for the fresh wave of coronavirus infections nationwide – should have quarantined themselves immediately upon their return to the peninsula.
The Bar Council, meanwhile, said it has no issue with individuals taking legal action against people – including politicians – whose alleged negligence led to the spread of Covid-19.
Given the pandemic, said president Salim Bashir, the courts have set up an online system through which complaints can be filed.
“Certain matters are being heard by way of an online protocol. Apart from that, the court administration has sufficient SOPs in place to prevent the virus’ spread (for in-person proceedings).”
It was reported that CAKE secretary Mohamad Yusrizal Yusoff said the politician in question failed to get tested for Covid-19 upon returning from Sabah.
The association will not compromise with anyone who goes against virus SOPs or is wilfully negligent, he said.
The Bah Lunas cluster was detected in Kulim with three cases. It forced the closure of SK Permatang Janggus, whose 396 pupils are among those who have undergone screening for the disease and are awaiting their results.
CAKE previously filed a RM1.5 million suit against an Indian permanent resident blamed for Kedah’s Sivagangga cluster.
The politician targeted by the group, and other Kedah government officials could not be reached for comment. – The Vibes, October 7, 2020
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