Eleventh hour legal aid pours in for Sam Ke Ting’s ‘make or break’ appeal
ALL eyes will be on sales promoter/clerk Sam Ke Ting, 27, as she steps into the Court of Appeal in Putrajaya at 9am today to appeal her reckless driving conviction by the Johor Bahru High Court last Wednesday (April 13).
Even as her family is refusing assistance from any political party in her bid to appeal her conviction of six years imprisonment and a fine of RM6,000 in default a six-year jail term, three lawyers from MCA will still attend the hearing of her application for leave to appeal at the appellate court.
In a joint statement, MCA Civil Society Movement Coordination Bureau chairman Ng Kian Nam, MCA Youth leader Ryan Ho Kwok Xheng and MCA Youth Civil Society Movement Coordination Bureau chairman Heng Zhi Li said they will continue to closely monitor the case.
“We are ready to provide legal counsel or viewpoints at any time,” The Star cited them as saying. “In the interest of justice, it is our hope that Sam is able to raise reasonable doubt on the High Court judgment on her case in the appeal process.”
To re-cap, the JB High Court has overturned the judgment of the Magistrate’s Court which had on two occasions acquitted and discharged her for reckless driving in a road accident where eight teenage “basikal lajak” (modified bicycles) cyclists aged between 13 and 16 were killed at 3.20am on Feb 18, 2017.
Sam Ke Ting (left) with her defence counsel Muhammad Faizal Mokhtar
Apart from MCA, The Star also reported that senior lawyer Tan Sri Muhammad Shafee Abdullah has applied to appear as an amicus curiae (friend of the court) in Sam’s case.
“I am applying to come in as amicus curiae on behalf of the Universiti Malaya Faculty of Law Alumni Association (PARFUM),” Shafee who is also PARFUM vice-president told The Star. “PARFUM’s counsel has authorised me to appear tomorrow to address the court in order to assist the court on this matter of public interest.”
The lead counsel of former Prime Minister Datuk Seri Najib Razak in his 1Malaysia Development Bhd (1MDB) trial had on Saturday (April 16) offered his legal services pro bono to Sam who also declined the offer as she insisted on retaining her lawyer.
Shafee has also noted that the defence team’s challenge is to convince the judges tomorrow to accept its leave application for an appeal without raising or questioning the facts of the case as stipulated under Section 50 of the Courts of Judicature Act 1964.
“That is the limitation, you cannot raise the issue of facts,” he explained to The Star. “The defence must be able to impress upon the Court of Appeal by basing on the points of law that the High Court may have erred in its decision, and not based on facts.”
Shafee added he would immediately seek the court’s permission – once the Court of Appeal grants leave – to allow bail in order for Sam to work with her lawyers more effectively ahead of the main appeal. – April 18, 2022
Apart from MCA, The Star also reported that senior lawyer Tan Sri Muhammad Shafee Abdullah has applied to appear as an amicus curiae (friend of the court) in Sam’s case.
“I am applying to come in as amicus curiae on behalf of the Universiti Malaya Faculty of Law Alumni Association (PARFUM),” Shafee who is also PARFUM vice-president told The Star. “PARFUM’s counsel has authorised me to appear tomorrow to address the court in order to assist the court on this matter of public interest.”
The lead counsel of former Prime Minister Datuk Seri Najib Razak in his 1Malaysia Development Bhd (1MDB) trial had on Saturday (April 16) offered his legal services pro bono to Sam who also declined the offer as she insisted on retaining her lawyer.
Shafee has also noted that the defence team’s challenge is to convince the judges tomorrow to accept its leave application for an appeal without raising or questioning the facts of the case as stipulated under Section 50 of the Courts of Judicature Act 1964.
“That is the limitation, you cannot raise the issue of facts,” he explained to The Star. “The defence must be able to impress upon the Court of Appeal by basing on the points of law that the High Court may have erred in its decision, and not based on facts.”
Shafee added he would immediately seek the court’s permission – once the Court of Appeal grants leave – to allow bail in order for Sam to work with her lawyers more effectively ahead of the main appeal. – April 18, 2022
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