MANDATORY vaccination and masking, to digress a little before delving further, were raised in the US Supreme Court recently by the government in Washington.
The court may have probably been inconclusive on the grounds that vaccination and masking do not prove anything.
The daily death rates, worldwide and in Malaysia, may feature significantly in two vaccination cases, the first in the High Court of Borneo, and another in the High Court of Malaya.
The death rates related to COVID-19 versus other causes of deaths may help the court keep the pandemic in perspective.
The real figures on the daily COVID-19 related deaths are with the government, and anyone can file a Discovery Application for these figures.
The figures would have to be backed up by post-mortem.
The government so far, based on media reports, keeps changing the story – there is no control of the narrative.
Obviously, in better understanding the judicial review cases, the court will seek subject matter expert opinion on non-COVID-19 related deaths and deaths caused solely by the novel coronavirus finishing off an uncertain number of people, whether with comorbidities or otherwise.
Already, even before COVID-19 emerged in 2019, global mortality figures show that 28,036 people were dying daily in China, 25, 270 in India, 7, 564 in the US, 5, 013 in Russia, and lesser numbers in other countries.
Malaysia recorded 678 deaths daily before the pandemic.
Discharged Sergeant Wan Ramli Wan Seman, formerly with the Royal Army Regiment’s 24th battalion in Rasah Camp, Negri Sembilan, applied for leave in Kuala Lumpur on Sept 27 to file a judicial review.
It’s not known when the case will be heard.
Wan Ramli was reportedly discharged from the Army on Aug 4 for refusing to be vaccinated against COVID-19.
Under the Federal Constitution, a job is the property of the worker – Article 5 provides the ‘right to life’, Article 8 states equality under the law and no discrimination, and Article 13 protects property rights.
In Sabah, Ranau hawker Naomi @ Neomi Francis had initiated judicial review on the territorial government’s announcement that, under the Prevention and Control of Infectious Diseases 1988, only fully vaccinated persons, including business owners and staff, would be allowed to enter premises from Sept 21.
The case will be heard in late October, and thereafter the matter will become sub judice, being under judicial consideration.
Errant parties can be cited for contempt of court. Unlike in America, for example, there is no trial by jury in Malaysia.
The two cases probably won’t be settled at the High Court and may go all the way to the Federal Court.
Both Applicants seek various Declarations and Orders. They can plead no costs since it is public litigation and a matter of public concern and public interest. – Oct 1, 2021.
Joe Fernandez is a longtime Borneo watcher and a regular FocusM contributor.
The views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia.
Pic credit: Reuters
