Shamsul Sulaiman said the government could, for instance, promulgate an ordinance to offer bail to selected remand prisoners to alllow them to return home pending trial.
“Under normal circumstances, it would take time to amend laws in Parliament. An ordinance, however, could be drawn up quickly to overcome overcrowding in prisons during the pandemic,” he told FMT.
Shamsul, who served the government for about 20 years, said bail could be provided to those facing drug possession charges and certain security offences that carried a jail term.
The government could also consider providing clemency to prisoners who had already served a long time in jail, he said.
“Hopefully, they will return to society and turn over a new leaf.”
Shamsul, who is now in private practice, has a number of clients in jail waiting for their trials to begin or resume.
“Open court proceedings cannot be held now due to the ongoing lockdown and other restrictions,” he said.
Shamsul added that some of his clients refused to come to court for mentions as they need to be quarantined elsewhere before returning to prison.
“Quarantine is a form of isolation and they lose the little freedom remaining in prison.”
Meanwhile, former Malaysian Bar president Salim Bashir who supported Shamsul’s proposal, said such an ordinance should also allow judges to use their discretion on granting bail to those charged with serious offences that carry prison terms like firearms possession and kidnapping.
“These are non-bailable offences but the courts can be given the discretion under present circumstances,” he said.
Salim said a lot of pressure could be taken away from prison authorities if there were fewer inmates in jail.
“Apart from saving money in sustaining them, it’s a way to reduce Covid-19 cases among inmates and prison staff,” he added.
The Jelebu prison and staff quarters in Negeri Sembilan had been placed under the enhanced movement control order (EMCO) earlier this week due to an increase in Covid-19 cases reported within the locality.
Senior minister for security Ismail Sabri Yaakob said the health ministry conducted 793 tests and found 132 positive cases among the detainees, prison staff and family members.
This is the second time that the Jelebu prison had been placed under the EMCO. The first time was for four weeks from Dec 28, 2020 to Jan 24, 2021.
It is one of many prisons and detention centres nationwide that had been placed under the EMCO since last year after reporting a high number of Covid-19 cases among detainees, prison staff and their families.