KUALA LUMPUR – MCA and Parti Bangsa Malaysia (PBM) have joined others in offering legal services to the clerk who was sentenced to six years’ jail and a fine of RM6,000 after being convicted of reckless driving that caused the death of eight teenage cyclists.
Tebrau MP and PBM senior vice-president Steven Choong has questioned the Johor Baru High Court yesterday for dismissing the defence application for a stay of execution and the immediate use of handcuffs on Sam Ke Ting.
“In this case, there are no reported attempts to abscond on Sam’s part. Neither has the accused been uncooperative with the police or the prosecution.
“As such, we are of the view that the use of the handcuffs was unnecessary and that the stay of execution should have been granted.
“Convicted criminals who are on appeal, having been convicted of crimes of greater magnitude and far greater notoriety have been and are still granted such stay, and many of them are on bail pending appeal.”
He said in a statement that the party is ready to render legal aid to Sam, if and when requested.
Meanwhile, MCA Youth legal bureau chairman Ryan Ho Kwok Xheng also offered legal assistance to Sam and her family if required.
He said in a statement that the high court should have taken into account the issue of “basikal lajak” as well as why the teenagers were not indoors during the wee hours in the morning.
“The enforcement of the law must be fair and impartial. While our sympathies rest with the eight teenagers whose lives were lost during the unfortunate accident, these two important issues should also have been considered in determining the verdict of the entire case.”
Yesterday, DAP’s National Legal Bureau chairman and Bukit Gelugor MP Ramkarpal Singh said the high court decision cannot be taken further to the appellate court unless the accused obtains leave to appeal first.
He said the magistrate had acquitted the accused Sam twice in the lower court, first at the end of the prosecution’s case and again at the end of the defence’s case.
He added that the DAP National Legal Bureau was prepared to provide legal assistance to Sam and her legal team in the filing and hearing of the said application.
Judge Datuk Abu Bakar Katar ordered Sam, 27, to serve the jail sentence effective yesterday.
She was also disqualified from driving for three years and must serve another six months in jail if she fails to pay the fine.
The 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. – The Vibes, April 14, 2022
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