Personal inconvenience not ‘special reason’ to reverse disqualification order

Fadley Faisal

The High Court dismissed a soldier’s appeal to reverse a disqualification order on him for driving without an insurance policy.

Mohammad Hamirul bin Hamzaini made the application on grounds that it has caused inconvenience to him. Chief Justice Dato Seri Paduka Steven Chong cited that a mandatory disqualification from driving for 12 months has to be passed for offences under Section 3 (1) of the Motor Vehicles Insurance (Third Party Risks) Act unless there are “special reasons”.

Clearly, the inconvenience to the applicant consequent to his disqualification from driving is entirely personal to him and unconnected to the offence and therefore cannot constitute a ‘special reason’ for not disqualifying him,” said the Chief Justice on dismissing the appeal.

Deputy Public Prosecutors Syazwani binti Jumat and Raihan Nabilah binti Haji Ahmad Ghazali represented the Public Prosecutor as respondent.