[UPDATED] Bail not guaranteed in ‘basikal lajak’ case: lawyers

KUALA LUMPUR – Bail is not guaranteed under certain circumstances in criminal cases, especially if it originated from the magistrates’ court, as was the case for Sam Ke Ting, who was convicted on Wednesday of causing the death of eight minors in the ‘basikal lajak’ case.

Sam, 27, was sentenced to six years’ jail and a RM6,000 fine by a Johor Baru high court, which overturned an earlier ruling by the magistrates’ court last October to acquit and discharge her.

Sam’s lawyer, Faizal Mokhtar, had requested for a stay of execution since there were plans to appeal to the Court of Appeal, but the high court rejected the application and ordered her to start serving her jail term on Wednesday.

Malaysian Bar president Karen Cheah said appeals to the Court of Appeal are not always guaranteed, especially if a case originated from the magistrate’s court.

Appellants will need to first obtain leave from the Court of Appeal for their case to be heard, without which the high court has no power to grant a stay of execution.

“Once leave is granted, the counsel for Sam Ke Ting can quickly apply for a stay of execution of her sentence and ask to be released on bail pending disposal of the said appeal at the Court of Appeal,” Cheah told The Vibes.

Meanwhile, on Sam being taken into immediate custody after her sentencing, Cheah said it may likely be due to circumstances where her right to appeal is not automatic, as the case started in the magistrate court and went up to the high court on appeal.

“Any further appeal is subject to leave granted by the Court of Appeal. So, the high court is not seised with the power to grant a stay or release her on bail since leave from the appellate court has yet to be obtained.”

However, the high court could allow a limited stay of execution pending the filing of the leave application, former Malaysian Bar president Ragunath Kesavan said.

Ragunath was of the view that Sam may have a good chance of securing leave from the Court of Appeal, but urged the public to respect the high court’s decision despite their personal views and avoid turning the matter into a racial issue.

“As for whether this judgement could change the landscape of transportation and negligence laws in Malaysia, we have to wait for written grounds of judgement first, as it is too early to speculate,” he said. – The Vibes, April 15, 2022