Should the law be so uncaring and un-compassionate?

Malaysiakini:

Retired man unable to post bail as bank closed early during MCO

CORONAVIRUS | A retired civil servant was forced to stay overnight in lockup this week when he was unable to post bail for a movement control order (MCO) violation case.

His lawyer Tay Yi Kuan told Malaysiakini today that it was because all banks were already closed in the late afternoon of Tuesday due to the nationwide order.

He said that the accused, whose personal details he refused to divulge, was charged at the Kuala Lumpur Magistrate’s Court at around 4.15pm on Tuesday.

According to Tay, the accused had come to court as early as 8.45am that day to be charged but was forced to wait until 4.15pm when proceedings were finally underway.

When the accused pleaded not guilty, Magistrate Nur Farahain Roslan granted bail of RM1,500 with one surety, he said.

However, at that point in time, all banks authorised to process bail applications had already closed for the day.

The lawyer said that the Maybank branch at the Kuala Lumpur Courts Complex, which is authorised to process bail applications, was closed during the MCO, and lawyers and family members of the accused would need to go to the only other authorised bank branch at Sri Hartamas.

But that bank branch closes around 2pm on weekdays during the MCO, he said.

This was made worse by the KL Court Complex’ bail counter closing at around 4pm, he added.

“I applied to the magistrate if the bail could be posted on Wednesday instead due to the authorised banks already being closed that afternoon. The accused’s son was the bailor and was present in court.

“However, the magistrate did not allow the application, and my client was forced to be remanded overnight at the Sungai Buloh Prison,” Tay said.

Even though the accused was released the next morning when the bail was completed, the courts should take cognisant on the difficulty of posting bail during the MCO, especially when the accused’s case is called late in the day, the lawyer said.

“Justice is more important. Procedure cannot overtake the fundamental right to liberty enshrined under Article 5 of the Federal Constitution,” Tay said, adding that courts need to recognise factors outside a person’s control which may affect one’s ability to post bail in a court case.

“We do not wish the same problem to happen to other people. It is unfortunate that it happened to our client.”

When contacted by Malaysiakini, Roshan Selvaratnam, the owner of the law firm Messrs Roshan where Tay works, revealed that they have raised the issue with the Bar Council.

Roshan said that the Bar’s president Salim Bashir assured that the matter will be brought to the attention of the Chief Registrar at the Palace of Justice in Putrajaya.

“We want the issue of not being able to post bail (especially if the case is called up late in the afternoon) to be addressed as it affects so many people,” he added.