Insufficient evidence to charge Khairuddin over quarantine breach - AG

Attorney-General (AG) Tan Sri Idrus Harun in his media release said after full consideration and deliberation of all available evidence, the Chambers 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 had never been issued to the minister before he was allowed to leave.

For an act to be considered as an offence of breaking a home quarantine order under Act 342, the home surveillance or observation order is required to be issued to the minister under subsection 15(1) of Act 342.

Accordingly, based on the above consideration, the Attorney General’s Chambers has decided to not prefer any charge against the minister due to insufficient evidence and thus fails to meet the required burden of proof under the law, he said.

Idrus also confirmed that an investigation by the police into a complaint made against Mohd Khairuddin in respect of 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 the Kuala Lumpur International Airport, 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 subsequently, the minister underwent a second health screening on July 10, 2020, at Kuala Lumpur Hospital for the purpose of attending a ceremony at Istana Negara on Aug 17, 2020.

Idrus said the result of the second screening was also found to be negative.