Different Strokes For Different Folks

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On March 29, Bukit Mertajam police brought to court 69 people who were arrested for violating the movement control order (MCO).
The alleged violators who were caught in Central Seberang Prai district were brought to the Magistrate’s Court to be remanded. The detainees, clad in orange lock-up garb, arrived in three police trucks while the three women arrested arrived in a van.
In July, Plantation Industries and Commodities Minister Khairuddin Aman Razali holidayed in Turkey and returned to Parliament without having undergone quarantine as required by the health authorities. Despite the furore that followed, he was not penalised.
Attorney-General Idrus Harun explained: “After full consideration and deliberation of all available evidence, this Chambers finds that there was no home surveillance or observation order issued by the authorised officer in the exercise of his discretion to the minister for him to observe such home surveillance or observation order.”
On Sept 15, four brothers said to be responsible for polluting a river in Selangor that led to a water supply disruption, pleaded not guilty to the charge at the Selayang Sessions Court.
Five people - the four brothers, who are directors of a vehicle maintenance company, as well as a workshop manager - were charged with polluting Sungai Gong in Rawang, causing the disruption of water supply to 1.2 million consumer accounts in Kuala Lumpur and Selangor. 


Yip Kok Weng, 60, Yip Kok Mun, 58, Yip Kok Wai, 52, and Yip Kok Kuin, 50, along with manager Ho Voon Leong, 59, were jointly charged with mischief by injury to works of irrigation near the Yip Chee Seng & Sons workshop that led to water pollution in Sungai Gong.
The offences were allegedly committed at the premises of Yip Chee Seng & Sons between Sept 2 and 3. They were brought to court in handcuffs before judge Syafeera Mohd Said who refused bail and set Oct 27 for case mention. They then appealed to the Shah Alam High Court which allowed them bail of RM400,000 each.
On Dec 24, Nestle Manufacturing (Malaysia) Sdn Bhd was fined RM90,000 by the Shah Alam Sessions Court on two counts of releasing industrial effluent in excess of the acceptable limit in May 2019.
Judge Rofiah Mohamad meted out the fine after the company, represented by its Nestle Manufacturing Safety and Health manager, K Arunan, 47, changed its plea to guilty to both charges.
When meting out the fine, Rofiah said she took into account that environmental pollution is a serious case and it involves public interest.
On April 21, the Selayang wholesale market was ordered to close for Covid-19 screening of market traders and workers, the Malay Mail reported.


“The wholesale market was closed as of yesterday evening to make way for the screening exercise.”
Senior Minister Ismail Sabri Yaakob announced an enhanced MCO on the area surrounding the Selayang wholesale market. The two-week enhanced MCO ended on May 3.
On Nov 23, Malaysia was “allowed to close some” of Top Glove's factories “in stages” as it moved to screen employees for Covid-19 following a big jump in infections.
The week before that, the government ordered 14-day curbs through Nov 30 in an area where Top Glove factories and dormitories are located. The company said the curbs would affect 5,700 workers or more than a quarter.
On Dec 1, Labour Department director-general Asri Ab Rahman announced that 63 charges will be proffered on firms failing to comply with the Workers’ Minimum Standards of Housing and Amenities Act 1990 (Act 446), including manufacturers of rubber gloves.
He said companies in the construction and manufacturing sectors were also set to face charges following enforcement operations in Perak, Kedah, Kelantan, Negri Sembilan and Johor on Nov 26.


On the same day, the Top Glove Corporation said it is sourcing for more accommodation and will improve existing worker accommodations. The company expects to complete these efforts by Dec 31.
These four examples on the lack of uniformity, consistency and equality in enforcing the law require some answers lest the people are convinced that there is a disparity in investigations, procedures and subsequent prosecution when one party has deep pockets or in a position of influence.
The withdrawal of charges against prominent personalities in the recent past brought about an outcry from various sections of the community and the reasons given were treated with contempt.
In each of these cases, it appears the kid-glove (pun intended) treatment has been accorded to a selected few, inconsistent to the general rule. While it can be understood that the authorities consider extenuating circumstances, there is little to mitigate between a multi-national and a small and medium enterprise.
Similarly, aren’t all citizens equals? Aren’t all companies being treated the same irrespective of their status, size or turnover? If one group is led in handcuffs not to be charged but to be detained “for further investigations” while another personality flouts his or her invincibility by pretending that nothing had happened, what opinion can the people make?
“No one is above the law” is an over-used cliché in Malaysia. Because of bias and leniency shown to certain parties - even at local council level, the conclusion would not be any different.
Scores of calls have been made over the years on the need for a fair and equitable system but when money is a great mover, will there be any change?

R NADESWARAN says the assurance of fair and equal treatment must be shown by action and deed. Comments: [email protected] - Mkini

The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.

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