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Road traffic offender’s conviction, sentence quashed

Fadley Faisal

An offender who had paid compound fines was freed from road traffic proceedings following the High Court’s recent revision of the Magistrate’s Court case.

Chief Justice Dato Seri Paduka Steven Chong, with Prosecutor Hajah Siti Mu’izzah binti Haji Sabli representing the public prosecutor, noted that the case against Sharifulrizal bin Haji Sahari had been referred from the Magistrate’s Court for revision.

The police prosecution unit produced Sharifulrizal in court on February 14. The presiding Magistrate convicted Sharifulrizal on his own guilty pleas towards three road traffic and one motor vehicle insurance charges.

The court ordered Sharifulrizal to settle fines of BND750, BND250, BND400 for the three road traffic charges and BND750 for the motor vehicle insurance charge.

The Magistrate sought for fine payment confirmation from Sharifulrizal, who said he had paid the police BND200 in compound fines for the road traffic offences two days earlier.

He also produced receipts which were conceded by the police prosecutor, and verified by the Magistrate, who then referred the case to the High Court for revision.

The Chief Justice observed that the “Police prosecutor was aware that Sharifulrizal had been offered to compound the road traffic charges by paying penalties, but was under the misapprehension that he had failed.”

The Chief Justice highlighted that the lapse resulting in the prosecution of Sharifulrizal could have been avoided with proper records in investigation papers and it would be a “travesty of justice” had Sharifulrizal been punished double.

“Fortunately, he was able to prove it with receipts,” the Chief Justice noted on handing his orders exercising the High Court revision powers.

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