KUALA LUMPUR: The Attorney-General's Chambers has directed all proceedings against individuals charged with Automated Enforcement System (AES) offences to be withheld for the time being.
Attorney-general Abdul Gani Patail said the move stems from concern over “the law and other technicalities” related to the system.
In a brief press statement yesterday, Abdul Gani said:
“AES summonses issued by the Road Transport department (RTD) are valid summonses.
“However, in view of the concerns made by certain quarters on the law and other technicalities, the AG’s chambers has decided to look into this matter and directed all proceedings are to be withheld until the concerns have been addressed.”
“A decision will be made within the next few days,” read the statement.
On cases which had been awarded a discharge not amounting to an acquittal, Abdul Gani said such cases will be “restudied” and reregistered if they warrant any prosecution.
Meanwhile, AES cases at the traffic court here were postponed following application by the prosecution.
Deputy public prosecutor K. Vasugi asked for a month long postponement when the summons charges against Henny Suryani Yacub and taxi driver Mohd Redzuan Mohd Yusoff were called.
The two had pleaded not guilty to running the traffic light at Jalan Klang-Lama-Jalan Sepadu when they were summoned in court on Dec 4.
Upon Vasugi’s application, magistrate Noorasyikin Sahat questioned the reason for the postponement request.
Vasugi responded that there were not enough officers.
The magistrate then asked defence counsel Zulhazmi Shariff if he had any objection to the application for more time, to which he said he did not.
The court then fixed Jan 18 for next mention.
Outside court, Zulhazmi told reporters that he was surprised that the prosecution had asked for a postponement.
“I thought the Road Transport Department director-general said that the AES was all automatic and everything was to run smoothly. Now they come here and say there are not enough officers,” he lamented.
When asked why he did not object to the postponement application, the lawyer said “ Let’s see, I have four cases for mention on Wednesday. I might object then, depending on what reasons they give the court,” he added.
It is also learnt that those who were summoned in court for the first time yesterday for their AES cases were also told to go home without their cases being heard.
However, motorists have been advised to pay their summonses at any Road Transport Department (RTD) branches as usual despite the adjournment of cases in courts.
An RTD spokesman said the department had no say over the court postponements.
Meanwhile, Pas vice-president Datuk Mahfuz Omar claimed that JPJ prosecuting officers had also collected AES summonses from a group of offenders at the magistrate’s court in Jalan Duta on Monday.
“The officer then asked them to leave without providing any explanation. The offenders did not enter court and their cases were not mentioned,” he told reporters during a press conference here.
The Pokok Sena member of parliament also said the Putrajaya Magistrate’s Court had granted a discharge, not amounting to an acquittal (DNAA), to at least 4 AES offenders yesterday.
“The deputy public prosecutor there requested the offenders to be let go as the RTD did not have the necessary documents to prosecute them, citing a “technical problem”,” he said.