[UPDATED] ‘Basikal lajak’ case: Sam gets leave to challenge conviction

PUTRAJAYA – The appellate court today granted a stay of execution allowing release from prison to convicted clerk Sam Ke Ting, who has been sentenced to six years’ jail and a RM6,000 fine for reckless driving.

The three-judge bench consisting of Datuk P. Ravinthran, Datuk Lee Heng Cheong, and Datuk Mohd Nazlan Mohd Ghazali allowed for the stay after prosecutors presented no objections to the application. 

Ravinthran, when delivering the judgment, then allowed for bail to be set at RM10,000 with one surety. 

The bench also granted Sam leave to challenge her conviction, with hearing dates yet to be finalised.

“We have decided to allow for the application to be released on bail by the applicant, with bail set at RM10,000 with one surety,” said Ravinthran.

This was after Sam’s lawyer Muhammad Faizal Mokhtar appealed to the court for her bail to be maintained at RM10,000, similar to the amount previously imposed by the magistrates’ court where her case was heard.

Faizal said Sam was never a flight risk to her proceedings, going on to claim that during her three-year trial, there were instances the accused was the only one present in court after both defence and prosecution lawyers contracted Covid-19.

“She was there alone and, of course, the trial could not proceed. But the point here is that she was never seen or acted in a way to suggest she is at risk of absconding,” said Faizal.

The prosecution today was represented by deputy public prosecutor Manoj Kurup, who included how they had no objections to Sam’s application for the stay of execution.

Earlier during proceedings, the bench approved an amicus curiae application by the Malaysian Bar Council to become party to the proceedings, with Ravinder Singh Dhalliwal present on behalf of the Bar.

Judges, however, rejected similar applications by political party MCA and the Universiti of Malaya Law Faculty Alumni Association (Parfum) who were also looking to be made parties with the case.

This was despite Parfum’s representative Tan Sri Muhammad Shafee Abdullah submitting that being made party could provide wide-ranging views from legal professionals in various industries.

“We would bring in a broad spectrum of views, as members consist of academics, judicial lawyers, lawyers in corporations and several departments including banks, and post-graduate students,” said Shafee.

After several minutes, and without objections from the prosecution, Ravinthran then delivered the judgment only granting the amicus curiae application to the Bar.

Sam was convicted last week by the Johor Baru High Court when it found her guilty of reckless driving, which caused the death of eight teenage cyclists five years ago.

Judge Datuk Abu Bakar Katar had ordered for Sam to begin serving her jail sentence following his judgment last Wednesday.

She was also disqualified from driving for three years and must serve another six months in jail if she fails to pay the fine.

Her case has since garnered support with thousands calling for her release, with even petitions being initiated. – The Vibes, April 18, 2022