JOHOR BAHRU - Sam Ke Ting has been sentenced to six years in prison and fined RM6,000 by the High Court for crashing into eight "basikal lajak” (modified bicycles) teenagers on a road here five years ago.
The decision was made by High Court Judge Datuk Abu Bakar Katar after the prosecution succeeded in their second appeal against the Magistrate’s Court decision to acquit and discharge Sam last year in October.
She had been charged with reckless or dangerous driving, resulting in the death of eight cyclists on Jalan Lingkaran Dalam, Johor Baru on Feb 18, 207.
The 27-year old clerk was also ordered to serve another six months in prison if she did not pay the fine.
She was also disqualified from driving for three years, effective immediately after she completes jail time.
In his judgement, Abu Bakar when reading the decision said various factors were taken into account, including public interest and the submissions of relevant parties in the appeal.
"The act of the respondent driving in a reckless or dangerous manner has resulted in the loss of eight lives.
"The offense committed by the respondent is a grave offense,” he said.
The appeal proceedings were conducted by Johor State Prosecution Director Tengku Amir Zaki Tengku Abd Rahman and Deputy Public Prosecutor Muhammad Syafiq Mohd Ghazali while Sam was represented by lawyer Muhammad Faizal Mokhtar.
Faizal urged the High Court to grant a stay of execution on Sam as they would be appealing the case at the Court of Appeal.
However, Abu Bakar rejected Sam’s appeal for a stay of execution as they have yet to receive approval from the Court of Appeal.
Earlier, Abu Bakar in his judgement said the prosecution has successfully established a prima facie case against the accused at the end of its case and the court had ordered the accused to enter her defence.
In his judgment, Abu Bakar said the Magistrate’s Court has erred in failing to decide the respondent’s defence without being under oath.
"The respondent, in her defence, stated that she did not see the group of cyclists at the scene of incident and there were other vehicle that hit the deceased bicycles and drove away. This version had 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’ deaths.
"The respondent should have drove carefully instead driving fast, causing the incident and she should have realised that the area’s lighting was not bright at around 3.20am,” he said before sentencing.
On Oct 10 last year, the Johor Baru Magistrate’s Court upheld the decision of the accused to be acquitted of the charges which occurred on Feb 18, 2017.
According to the charge sheet, Sam was was accused of driving a car with registration number JQB 9984 along Jalan Lingkaran Dalam recklessly or dangerously resulting in the death of eight cyclists at 3.20am.
She was 22-years old when it happened.
The eight victims involved were Mohamad Azrie Danish Zulkefli, 14 (at the time of the incident); Muhamad Shahrul Izzwan Azzuraimie, 14; Muhammad Firdauz Danish Mohd Azhar, 16; Fauzan Halmijan, 13; Mohamad Azhar Amir, 16; Muhammad Harith Iskandar Abdullah, 14; Muhammad Shahrul Nizam Marudin, 14 and Haizad Kasrin, 16.
The accused was charged under Section 41 (1) of the Road Transport Act 1987 which provides for a maximum jail term of 10 years and a fine, in addition to a suspended driving license, if convicted.