Couple who harassed MBSA officer over parking ticket now ‘parked’ in jail for five months
The High Court here today increased from 14 days to five months the jail sentence on a married couple who was convicted of harassing a female Shah Alam City Council (MBSA) enforcement personnel on duty in November last year.
Judicial Commissioner Wong Teck Meng increased the jail sentence following an appeal by the prosecution, led by Selangor prosecution Unit chief Muhamad Iskandar Ahmad, assisted by deputy public prosecutors Mohd Fairuz Mohd Johari and Ng Wee Li.
With the decision, the court dismissed the cross-appeal by the couple, Lor Ka Hoo, 36, and his wife, Tan Sit Fun, against the 14 days’ jail sentence and fine of RM3,000 handed down by the Magistrate’s Court here on Nov 25 last year. Wong ordered the couple to serve the jail sentence from today.
In enhancing the jail sentence, Wong, however, maintained the RM3,000 fine imposed by the lower court. Lor and Tan had pleaded guilty to using criminal force to prevent MBSA enforcement personnel Nurul Ain Isa, 23, from discharging her duty.
The offence was committed at a public car par at Jalan BRP 6/12, Bukit Rahman Putra, Sungai Buloh near here at about 10.30 am on Nov 24, 2016. The charge, under Section 353 of the Penal Code, provides an imprisonment for up to two years, or fine, or both, upon conviction.
Prior to this, Attorney-General Tan Sri Mohamed Apandi Ali, in a statement, said that the Attorney-General’s Chambers was appealing the case on the view that the sentence imposed on Lor and Tan was too light compared with the offence committed.
In his judgment, Wong said the couple should not have acted such as the parking ticket and parking summon issued by the local government authority (PBT) did not involve huge cost.
“If summoned, PBT set the amount to be paid is between RM10 and RM15 only, if paid on the same day. “After 24 hours, only the rate will be increased, and if still not paid, there will be discount offered by PBT.
“Both the appellants (Lor and Tan) should have remained calm, accept the summon and pay without harassing the enforcement personnel. Obstructing a civil servant from discharging her duty is a serious offence,” he added.
As such, Wong said, the court opined that a sentence which served as a lesson should be imposed on the married couple so that they would not repeat their mistake and also as a reminder to others.
Earlier, Muhamad Iskandar, in his submission, requested that the court give priority to public interest than that of the accused by increasing the jail sentence to between six months and 11 months.
“There are about 1.2 million civil servants in Malaysia currently hoping for a sentence that can really make the two accused and others realised their mistake of belittling the role of civil servants.
Meanwhile, in response to a submission by lawyer Gabriel Susayan, representing the couple, that his clients had been punished by the media with their wide coverage on the case, Muhammad Iskandar clarified that it was the role of the media to report the matter and that it was not to punish them.
Based on the facts of the case, the victim was with a colleague and was issuing a summon on a car which was parked, but did not display the parking coupon.
The action drew the ire of the couple, who then pulled the victim’s uniform and prevented her from leaving the place.
A video recording of the incident became viral after it was uploaded on the social websites.– BERNAMA