Prison lockdown delays suit against nasi kandar seller behind Covid-19 cluster

Prison lockdown delays suit against nasi kandar seller behind Covid-19 cluster

Case against Sivagangga cluster superspreader postponed for the second time due to Pokok Sena prison lockdown in Kedah.

(From left) CAKE committee member Baharin Hanani, secretary Mohamad Yusrizal Yusoff and lawyer Mohammad Zunun Baihakky after filing the suit at the High Court in Alor Setar on Aug 19.
ALOR SETAR:
The High Court here today postponed the hearing of a lawsuit brought by the Consumers Association of Kedah (CAKE) against a nasi kandar restaurant owner who was responsible for spreading Covid-19 in his community, as his prison was under a lockdown.

CAKE’s lawyer Mohammad Zunun Baihakky said the nasi kandar seller, Nezar Mohamed Shahbur Batcha, is currently serving time for violating Covid-19 SOPs at the Pokok Sena Prison.

He said this was the second time the case was postponed, with the hearing originally scheduled for Sept 13 also being postponed due to the Kota Setar district’s enhanced movement control order (EMCO) at the time.

“However, Nezar has yet to file a defence or appoint a lawyer. The court has now set Nov 29 for mention,” Zunun told FMT.

Nezar, 57, the owner of Nasi Kandar Salleh at Napoh was fined RM12,000 and jailed five months for violating a mandatory home quarantine on Aug 13.

On Aug 19, CAKE launched a suit against Nezar, on behalf of business owners, workers and wage earners from the subdistricts of Napoh and Megat Dewa.

The claimants said that they had been affected by a targeted enhanced movement control order (TEMCO) imposed in the two subdistricts due to Nezar’s violation of a 14-day quarantine upon his return from India.

Other claimants include Jawatankuasa Peniaga RTC Pekan Napoh, Kelab Usahawan Belia Napoh, Persatuan Peniaga Kecil dan Penjaja Napoh and two residents’ associations in Napoh.

According to the health ministry, the Sivagangga cluster originated in Napoh, Kubang Pasu, after an Indian man with permanent resident status flouted a quarantine order imposed on his return from a visit to Sivagangga, a town in Tamil Nadu state, in India.

As a result, four subdistricts in Kubang Pasu were placed under TEMCO with the restaurant closed and sealed until the end of the month.

A total of 45 people from the Sivagangga cluster were reported to be infected, according to a report in late August.

Recently, CAKE sued a politician for starting a new cluster in the Kulim area after returning from Sabah recently, which apparently led to a new cluster, Bah Lunas, in the state.

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