TOP photo: The Star
The High Court here has sentenced a saleswoman who was involved in a fatal road accident, which resulted in the death of eight teenagers on modified bicycles, commonly known as “basikal lajak”, to six years’ imprisonment.
This comes after the prosecution was successful in their second appeal against the Magistrate’s Court decision to acquit and discharge Sam Ke Ting (pic), 27, in October last year on a charge of reckless or dangerous driving, resulting in the death of eight cyclists in Jalan Lingkaran Dalam, in Johor Baru, at 3.20am on Feb 18, 2017.
High Court Judge Abu Bakar Katar said the Magistrate’s Court has erred in failing to decide the respondent’s defence without being under the oath.
“The respondent, in her defence, stated that she did not see the group of cyclists at the scene of incident and there was other vehicle that hit the deceased bicycles and drove off. This version has never been raised by the respondent during the prosecution case.
“The Magistrate’s Court made a mistake when it accepted the respondent’s defence for not knowing there would be basikal lajak activity during the time of the incident as an excuse to drive dangerously, which resulted in the victims’ death,” he added.
“The respondent should have driven her car vigilantly instead of driving fast and causing the incident and should have realised that the area’s lighting was not bright at around 3.20am,” he added.
Abu Bakar said with limited visibility, the respondent should have been aware of road safety if she drove her car beyond the speed limit, which is at 50km per hour before arriving at the scene of incident.
He said this before the sentence was meted out against Sam at the Johor Baru High Court here on Wednesday (April 13).
On Oct 28, 2019, the Johor Baru Magistrate’s Court acquitted and discharged the saleswoman of the charge at the end of the prosecution’s case without calling to enter her defence.
Abu Bakar added that the court found the respondent, in her defence, failed to prove any doubt while the prosecution has proven reasonable doubt in its case.
“With this, the High Court set aside the earlier decision to acquit and discharge the respondent and find her guilty under Section 41(1) of the Road Transport Act 1987,” he said.
Abu Bakar then sentenced Sam to six years of imprisonment starting from the date of conviction and also fined her RM6,000 in default six month’s imprisonment.
He also ordered that her eligibility to hold a driving licence for at least three years once she has completed her jail sentence and for the convicted offence to be record in her driving licence.
Meanwhile, defence lawyer Muhammad Faizal Mokhtar urged the High Court to grant stay of prosecution on Sam, as they would be appealing the case at the Court of Appeal.
However, Abu Bakar rejected Sam’s appeal for stay of prosecution, as they have yet to get the approval from Court of Appeal.
Johor prosecution director Tengku Amir Zaki Tengku Abd Rahman and deputy public prosecutor Muhammad Syafiq Mohd Ghazali prosecuted the case.
Read the original article HERE.
