Pensioner spends night in jail though bailor ready to post bail

A retired civil servant had to spend a night in jail because his bailor was unable to bank in the bail amount. (File pic)

PETALING JAYA: A pensioner, who claimed trial for allegedly violating the movement control order (MCO), spent a night in prison on Tuesday when he could not post bail, through no fault of his, a lawyer said.

The retired civil servant, who was arrested by police on Monday, was charged before magistrate Nur Farahain Roslan at about 4.15pm on Tuesday.

He pleaded not guilty, and the magistrate offered him bail of RM1,500 with one surety.

Lawyer Tay Yi Kuan said his client, whose identity he declined to reveal, could not post bail as a bank at the Kuala Lumpur High Court complex had closed at about 2pm .

“At about 3.15pm, I also found out that the e-jamin facility at the bail counter was not working,” he said. The facility allows a bailor to make online payment to the court within minutes.

Tay said that at the outset of the proceeding, he had brought to the attention of the magistrate that his client could not post bail since the bank had closed early.

However, he acknowledged that he did not bring to the notice of the magistrate that the e-jamin system was also not working.

He said a bailor was present in court with sufficient cash but could not bank in the bail amount as the bank was already closed before the accused was charged.

“I submitted to the court that the accused and his bailor return the following day to post bail but she refused,” he told FMT.

The accused spent the night in jail but was freed the following day after the money was posted.

Meanwhile, lawyer N Sivananthan said the magistrate could have asked the accused and the bailor to return the next day as the alleged offence was not a serious one.

“In this case, there should have been a proper exercise of judicial discretion for the accused to arrange to post bail,” he said, adding that the pensioner was in a predicament through no fault of his.

Sivananthan said this was also a non-arrestable offence as the maximum penalty upon conviction was only a RM1,000 fine or six months’ jail or both.

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