By Nizam Zain
PUTRAJAYA – The Court of Appeal granted a stay of execution on Sam Ke Ting against the Johor Bharu High Court’s decision on 13 April, who sentenced her to 6 years in prison and RM6,000 find for reckless driving which caused the death of eight teenage joyriders five years ago.
Ke Ting, who was 22 years old during the accident was charged with committing the offence at Jalan Lingkaran Dalam, Johor Bahru, at 3.20 am on 18 February 2017.
While granting the stay of execution and leave for application for appeal, the three-judge-bench led by Datuk Ravinthran Paramaguru along with Datuk Lee Heng Cheong and Datuk Mohd Nazlan Ghazali had no objection with Ke Ting, 27’s two applications, including the appeal and bail.
The court allowed the request for her to maintain the amount and terms of bail imposed on her by the Johor Bharu Magistrate Court on 10 October last year at RM10,000 with a surety of her family member.
The three-judge panel also ordered her lawyer, Muhammad Faizal Mokhtar, to submit the notice of appeal within 14 days to the Johor Bharu High Court for the management of the case.
Earlier, during the proceeding which started at 9.30 am this morning, Ke Ting, who wore a blue baju kurung looked calm at the accused dock while being accompanied by her family members including her father and siblings.
Besides that, the court also allowed Muhammad Faizal to raise six important legal questions to the public interests which needs to be answered verbally before the three-judge bench.
Among them include, if the testimony not under oath could be accepted as an explanation to the defence and also supported by other testimonies.
On the second question, if the main content of offence under Section 41(1) of the Road Transport Act 1987, specially on the creator of the dangerous situation, was caused by the accused or the bicycle group.
“The third question, on the acceptance of Exhibit D206 (Warning Statement), P209 and P210 (police reports), when the complainants were not called to testify.
“The fourth question, if the inference and findings on the speed of the accused’s motorcar, could be regarded as dangerous, compared to the position of the cyling group on the main route of the road,” he said.
Muhammad Faizal also questioned if there was any burden on the accused to prove her responsibility in driving carefully compared to the bicycle group which obstructed the main traffic.
“Question is also raised if there is a burden on the accused to project the unforeseen risk, especially behind the winding, dark hills,” he said.
Earlier, Muhammad Faizal told the court that he could not obtain the notes from the Johor Bahru high court due to the time constraint of the office hours of up to 3.00 pm as the order to imprison Ke Ting was made on last Wednesday.
The lawyer also told the court that the period also made it difficult for him to meet his client who was placed in the Kluang Prison, Johor.
Ke Ting was acquitted and dismissed twice by the Magistrate Court twice before the High Court’s decision on 13 April. -MalaysiaGazette