JOHOR BARU – The prosecution today filed an appeal against a magistrates’ court decision in acquitting and discharging a saleswoman on a charge of reckless driving that resulted in the death of eight teenagers on modified bicycles, commonly known as “basikal lajak”, four years ago.
The notice of appeal was filed by deputy public prosecutor Muhammad Syafiq Mohd Ghazali and assistant legal officer at the Johor Legal Adviser’s Office, Nurrul Azrina Arza at the magistrate/sessions court counter of the Johor Baru Court Complex about 9.15am.
Present were Johor Bahru Selatan Traffic investigating officer Mohd Yusop Mohd Ali and deputy public prosecutor Muhammad Qaiyyum Ramlan.
Syafiq said the appeal was filed today follows an instruction from Attorney -General Tan Sri Idrus Harun.
“Now that we have filed the notice of appeal, we will wait for the court to fix the hearing date,” he said.
Last Sunday, the magistrates’ court here acquitted and discharged Sam Ke Ting, 26, on a charge of reckless or dangerous driving resulting in the deaths of eight cyclists in Jalan Lingkaran Dalam here at 3.20am on February 18, 2017.
Magistrate Siti Hajar Ali, in her ruling, had said the prosecution had failed to prove its case beyond a reasonable doubt.
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.
On October 28, 2019, the magistrates’ court acquitted and discharged the saleswoman of the charge at the end of the prosecution’s case without calling on her to enter a defence.
However, on February 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 proved a prima facie case against the accused, thus setting aside the magistrates’ decision on October 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 (Act 333), 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; 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, October 12, 2021
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