AGC to appeal against acquittal of woman in case where eight teen cyclists died
KUALA LUMPUR (Bernama): The Attorney General's Chambers will file an appeal against the acquittal of a saleswoman on a charge of reckless driving in connection with the deaths of eight teenagers on modified bicycles four years ago.
Attorney General Tan Sri Idrus Harun (pic) said the AGC would appeal against the ruling by the Johor Baru's Magistrate's Court.
On Sunday (Oct 10), the Johor Baru's Magistrate's Court acquitted and discharged Sam Ke Ting, 26, on a charge of reckless or dangerous driving, resulting in the death of eight cyclists in Jalan Lingkaran Dalam, in Johor Bahru, at 3.20am on Feb 18, 2017.
Magistrate Siti Hajar Ali, in her ruling, said that the prosecution had failed to prove the case beyond reasonable doubt.
Siti Hajar said she also took into account the reasonable testimony of the accused that she had no knowledge of the riding activities on modified bicycles in the area and that there were no warnings of such activities.
The magistrate also found that the accused's testimony that she was in the extreme left lane of the incident's location in Jalan Lingkaran Dalam also concurred with the results of a study conducted by the Malaysian Institute of Road Safety (Miros), which found that the accused's vehicle was either driven at 44.5kmh or 75.8kmh.
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.
However, on Feb 18 this year, the Johor Baru High Court ordered Sam to enter her defence after allowing the prosecution's appeal.
The court held that the prosecution had proved a prima facie case against the accused, thus setting aside the Magistrate's decision on Oct 28, 2019.
Sam, who at the time of the incident was 22 years old, was charged under Section 41(1) of the Road Transport Act 1987 which carries a maximum jail term of 10 years and a fine of RM20,000, if convicted.
The eight victims 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. – Bernama
It was a tragedy, but did the driver commit a crime ?
ReplyDeleteI think some people are determined to make sure it is a crime.
I'm doubtful.
She wasn't speeding.
It was 3.20 am in the morning.
The kids were on modified bicycles in the middle of the highway.
It was a tragic accident, but the standard to consider the driver as committing a crime is pretty high.
Make no mistake this AG Harun like the REST OF THE PARIAH KERAJAAN GAGAL IS Islam Sabri WILL ALL BE CHARGE WITH PUBLIC HEALTH NEGLIGENCE RESULTING IN DEATH OF 100,000 Malaysian from Covid DUE TO INEPT AND INCOMPETENT.....AFTER WE PASS NEW LAWS THAT WILL STOP THEIR PENSION, LOCK THEIR BANK ACCOUNTS AND SACKED FROM PARLIAMENT ...... AND TO BE HUNG FOR GENOCIDE AGAINST MALAYSIAN.....MALAYSIAL IS BROKEN>>>TIME TO DEFEND YOUR SPACE!!
ReplyDelete