High Court dismisses appeal against disqualification order

Fadley Faisal

A man’s appeal against a disqualification order from driving, citing “personal inconvenience”, was dismissed by the High Court yesterday, on seeing no “exceptional circumstances” in the case.

Last September, the Magistrate Court ordered Mokhtar bin Jamaha to settle a BND750 fine and disqualified him from driving for 12 months, after he pleaded guilty to driving a vehicle without insurance coverage.

Appearing in the High Court as respondent, Prosecutor Syazwani binti Jumat’s facts of the case in the Magistrate’s Court revealed that Mokhtar was caught in a police roadblock on March 2, while driving his vehicle with an insurance policy that had expired on December 19, 2018.

Chief Justice Dato Seri Paduka Steven Chong heard from Mokhtar that the disqualification order had caused him inconvenience, in being unable to drive to work and take his children to school.

On considering the circumstances of the case, the Chief Justice said that a disqualification order is mandatory for Mokhtar’s conviction, unless there are “special reasons”.

“Clearly, the inconvenience to the appellant of not being permitted to drive cannot constitute a ‘special reason’ for not disqualifying him, as it is personal to him and not connected to the offence itself,” the Chief Justice further observed.

The court also added that in deciding the appeal, driving a car without insurance is a serious matter which leaves other road users in peril in the event of an accident, resulting in injury or death, with little to no compensation.

The court also noted that Mokhtar had been driving his vehicle uninsured for over a year, and concluded that the disqualification order is fully deserved.