KUALA LUMPUR: Dragging repeat offenders to court, alternative forms of sentencing and publicising legal repercussions against errant celebrities flouting the standard operating procedures (SOP) can revive the public’s trust towards the authorities.

Legal experts and criminologists stressed that these moves would reinforce the fact that no one is above the law, including VVIPs who were seemingly “immune” to penalties. 

International Islamic University Malaysia legal adviser Professor Dr Nik Ahmad Kamal Nik Mahmod said the best medicine would be to take repeat offenders to court. 

The legal expert said repeat offenders needed to be treated more severely, and thus, custodial sentences would be more appropriate and should be applicable to all repeat offenders irrespective of their social status.

“The law does take into account repeat offenders where compounding them may not deter them. 

“They are probably capable of paying the large compounds. Thus, the best medicine is to bring them to court. 

“The magistrate may take into consideration that they are repeat offenders and impose a higher fine or a custodial sentence if the law allows,” he told the New Straits Times. 

Nik Ahmad Kamal said the recent amendment to the Prevention and Control of Infectious Diseases Act 1988 (Act 342) via the Emergency Ordinance 2021 had substantially increased the quantum of the compoundable offence. 

“I think it is already high with possible maximum compound of up to RM50,000 for businesses and up to RM10,000 for individuals. 

“The current practice has been to issue compounds of more than RM1,000 to individuals and more than RM10,000 to businesses, as reported by the media. 

“I believe the amount is high enough to serve as a lesson for offenders and to deter others from committing the same.”

Prominent lawyer Nizam Bashir said alternative sentencing could allow repeat offenders or first-time offenders to meet Covid-19 affected patients or those who suffered from the pandemic. 

“Personally, I don’t think fines alone will suffice. Alternative sentencing may be another way forward, such as allowing offenders to meet those who volunteer to relay their experience from suffering from Covid-19, losing loved ones to the pandemic and even frontliners who struggle for our sake.

“Where fines don’t work, we should be thinking about what works to bring home the message. Everyone, ‘Instafamous’, celebrities or even ordinary citizens, should not violate the SOP. 

“While it’s understandable that everyone is looking to return to how things used to be, things are different for now,” he said. 

Nizam said the focus at the moment was on celebrities not observing Covid-19 SOP, but this was not the root cause for the rise in daily infection numbers.

“Perhaps, if the aim is to be more proactive, it’s time to be more focused on contact tracing and tracking. South Korea, Vietnam, Japan and Taiwan  are good examples to look at.

“However, I am open to the idea of people being able to have their ‘social bubbles’ as to who they can meet up with particularly when it is among Covid-free individuals.

“It seems to have worked in some countries without causing too much of an issue with infection numbers. Health is important but so is mental wellbeing. We need to get the balance right,” he said.

Criminologist Associate Professor Datuk Dr P. Sundramoorthy said the authorities should publish clear guidelines on the range of fines for the nature of offences to quell any controversy.

“There must be zero tolerance for high-profile individuals when they violate the SOP. Enforcement agencies must deal with such cases without any favouritism or nepotism.

“The law is colour blind and does not discriminate. The onus is therefore on the authorities to enforce them impartially.

“There should be better publicity on the actions pursued against errant celebrities.

“Keeping the public informed is vital to present enforcement authorities as being transparent and impartial,” he said. 

Recently, celebrity Noor Neelofa Mohd Noor sparked outrage among netizens for repeatedly flouting the Covid-19 SOP, despite being subjected to compounds. An online petition on change.org demanding her arrest has garnered over 33,000 signatures as of press time.  By Teh Athira Yusof and Dhesegaan Bala Krishnan.

This article first appeared on New Straits Times.