Not enough evidence to charge minister with quarantine breach, says AG
AG Idrus Harun says no home surveillance or observation order was issued to Mohd Khairuddin Aman Razali.
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The Attorney-General’s Chambers (AGC) has decided to not charge Plantation Industries and Commodities Minister Mohd Khairuddin Aman Razali with breach of quarantine due to insufficient evidence.
Attorney-General (AG) Idrus Harun in a media release said after full consideration and deliberation on all available evidence, the AGC found 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 as stipulated under Subsection 15(1) of Act 342, as alleged by the complainant.
“Form 14b as prescribed in the Guidelines by the Ministry of Health which contained an order for home surveillance and/or observation order under Subsection 15(1) of Act 342 was never issued to the minister before he was allowed to leave,” he said.
For an act to be considered an offence of breaking a home quarantine order under Act 342, the home surveillance or observation order should have been issued to the minister under Subsection 15(1) of Act 342.
Accordingly, based on the above consideration, the AGC decided not to bring charges against the minister due to insufficient evidence, he said.
Idrus also confirmed that an investigation by the police into a complaint against Khairuddin regarding the Prevention and Control of Infectious Diseases Act 1988 (Act 342) has been carried out and completed.
“Our perusal of the investigation paper submitted by the police reveals that the minister visited Turkey on July 3, 2020, and flew back to Malaysia on July 7, 2020.
“Upon arrival at KLIA, the minister underwent health inspection and screening process for Covid-19 (swab test) and the result was found to be negative. The minister was allowed to return to his residence by the authorised officer from the Ministry of Health who was appointed under Section 3 of Act 342,” he said.
The AG said the minister underwent a second health screening on July 10 at the Kuala Lumpur hospital for the purpose of attending a ceremony at Istana Negara on Aug 17.
Idrus said the result of the second screening was also negative.
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