JOHOR BARU – The high court here today sentenced a female clerk to six years’ jail and a fine of RM6,000 after finding her guilty of reckless driving which caused the death of eight teenage cyclists five years ago.
Judge Datuk Abu Bakar Katar ordered Sam Ke Ting, 27, to serve the jail sentence effective today.
She was also disqualified from driving for three years and must serve another six months in jail if she fails to pay the fine.
In his judgment, Abu Bakar said the defence failed to raise any reasonable doubt against the prosecution’s case which had clearly proved the essence of the offence.
“The woman’s act of driving recklessly or dangerously has resulted in the loss of eight lives. In the sentencing, this court follows a precedent which takes into account the number of victims involved,” he said.
Today’s decision set aside the magistrate’s court’s decision on October 10 last year to acquit and discharge Sam.
However, upon appeal from the prosecution, the high court had, in February 2021, ordered her to enter her defence.
Abu Bakar, when reading his decision in allowing the appeal, said the court was satisfied that the essence of the offence under Section 41(1) of the Road Transport Act 1987 had been successfully proven.
He said the trial court had erred when it failed to decide whether the woman’s defence in her unsworn statement was a mere denial or an afterthought.
“In her defence, the woman said that she did not see the group of cyclists at the scene and that there was another vehicle that hit the victims and sped away. This version was never raised by the respondent during the prosecution case,” he said.
The judge also said the trial court had erred when it failed to consider that the woman’s defence had not raised any reasonable doubt over the prosecution’s case for the charge of reckless driving given the winding and slightly hilly road conditions.
“The trial court erred in accepting the defence that she was unaware of the cycling activity on the night of the incident as an excuse to drive her car recklessly to the extent of causing the death of the victims.
“The respondent should have driven her car more carefully and not recklessly. She should have known that the street would not have been brightly lit at 3.20am,” he said.
Earlier, the prosecution represented by Johor prosecution director Tengku Amir Zaki Tengku Abd Rahman and deputy public prosecutor Muhammad Syafiq Mohd Ghazali pressed for an appropriate punishment for the woman by taking into consideration the principle of public interest.
However, the woman, represented by lawyer Muhammad Faizal Mokhtar, requested a lighter penalty as it was her first offence and she still has parents to support and care for. – Bernama, April 13, 2022
