Media Statement by Wong Kah Woh, DAP Central Committee Member and MP for Ipoh Timor on 22 October 2020:

AG acted like a Defense Counsel to Khairuddin – Why did the Minister pay fine if there is no case against him?

The Attorney General Chambers (AGC)’s classification of the breach of compulsory Covid-19 quarantine order by Plantation Industries and Commodities Minister Khairuddin Aman Razali as NFA is most shocking. The decision is even more ridiculous when the reason revealed by the AGC was that the Minister was not provided with the 14B form to undergo quarantine.

The Police and AGC have taken more than Three (3) months for their investigation before arriving at the decision of NFA against Khairuddin, compared to the other quick and harsh actions against civilians for the same offence. The breach by Khairuddin was too clear for even Khairuddin himself had never disputed that he had breached the quarantine rule imposed after the implementation of MCO since 18.03.2020.

Article 145(3) of the Federal Constitution states:

“(3) The Attorney General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence…”

This duty is to be exercised by the Attorney General diligently and without fear or favour. The Attorney General owes the duty to the Yang Dipertuan Agong and the People under the Constitution. 

Everyone knows that all have to be quarantine upon return from oversea since the implementation of MCO. We have seen many cases and the hardship faced by Malaysians who rushed back from overseas in order to attend the funeral of their closest family members. Khairuddin cannot claim that he is not aware of the rule. Rules and procedures are required to be strictly adhered to and no one shall be above the law.

I wish to remind the Attorney General that in such a clear case involving Khairuddin where prima facie evidence is beyond doubt, a Charge against Khairuddin is inevitable. It is the duty of Khairuddin to prove his innocence in Court and he has all the right to challenge the prosecution case. It is not the duty of the Attorney General to find ways or excuses for Khairuddin to escape.

Sadly, the Attorney General has acted like the Defense Counsel to Khairuddin in this case.

If at all the AGC found that there is no case against Khairuddin as Form 14B was not issued, why was Khairuddin be slapped a compound notice by the Health Ministry at the first place back in August this year? The Health Ministry had also confirmed that the fine of RM1,000.00 was paid by the Minister. The payment of the fine per se is an admission of guilt by Khairuddin, and is the Attorney General trying to be ignorance on this fact in the AGC’s statement yesterday?

The Attorney General owes an explanation to the People. He has to review the decision of NFA against Khairuddin.

Wong Kah Woh,
DAP Central Committee Member,
Member of Parliament for Ipoh Timor.