KUALA LUMPUR – Restaurant owner Shankar Santhiram, whose workers were fined for crossing district lines during the enhanced movement control order, has called on the authorities to cancel the compounds.
Reducing the fine amount is not enough as the employees should not have been penalised in the first place, he told The Vibes.
He said his workers were fined for crossing district lines without International Trade and Industry Ministry (Miti) or police approval letters.
“The thing is, the grocery store that my workers went to was only 4km away. And, they indeed had Miti letters with them.”
Upon receiving the compounds, an appeal was filed at the district health office, where officials reduced the RM5,000 fine to RM1,250.
“A reduction is not enough. I want the compounds cancelled as they are unjust,” said Santhiram.
“We are not going to pay the fine, and we will go to court when the time comes.”
Despite rumours that fines issued during the emergency or pursuant to emergency ordinances cannot be challenged, lawyers suggested that Santhiram is well within his rights to bring the matter to court.
Explaining the process, Shankar Govinth said: “Usually, when a compound is issued, there will be a period of time given to the person to pay the compound.
“When this period ends, the person is usually summoned to court, where he can challenge the compound.”
To initiate the challenge, said another counsel, V. Vemal Arasan, the individual fined must plead not guilty.
“But of course, this could backfire if you’re clearly seen to be wasting the court’s time. And, the judge could issue a bigger fine.”
With regard to certain regulations, such as the Emergency (Prevention and Control of Infectious Diseases) (Amendment) Ordinance 2021, where appeals lie with the district health office, the court remains the final option to issue a challenge, he said.
“If you’re dissatisfied with the district health officer’s final decision, you have no choice but to go to court.
“It’s wrong to say that fines issued during an emergency can’t be challenged in court.
“In the event that the fine is not paid, what else is there to do? The person must still be brought to court, allowing them to raise the relevant objections.” – The Vibes, July 6, 2021
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