KUALA LUMPUR – The high court here acquitted a businessman of driving under the influence of alcohol and causing the death of one policeman and serious injuries to another.
The ruling by judge Datuk Noorin Badaruddin today set aside the four-year jail sentence and RM15,000 fine imposed on N. Mohan Rao, 49, by magistrate Puteri Nursheila Rahimi on March 25 last year.
In allowing the appeal, the judge said the magistrate had erred by failing to evaluate and analyse the entire evidence put forth by the defence team, while the prosecution had not proven the means rea (criminal intent) element relating to the accused’s mental state.
“This court finds that there was insufficient judicial appreciation by the learned magistrate of the circumstantial evidence (put forth by the defence),” said Noorin.
“In law, speeding itself is not evidence of reckless driving. The fact and evidence remains that the appellant (Mohan) was driving (within) the allowed speed limit.
“This was not rebutted (by the prosecution), nor was his state of mind considered by the learned magistrate (Puteri).”
She also held that for the prosecution to succeed in pressing charges under Section 44(1)(b) of the Road Transport Act 1987, it must prove that the accused had acted recklessly and created the risk of harmful consequences.
“What is glaring (in this case) is that evidence from the prosecution failed to demonstrate that (Mohan) knew or was aware of some risks and had in fact, or nonetheless, gone on to take said risks.”
She added that the magistrate should also have taken into account other factors such as the nature and condition of the road where the fatal accident happened.
Lawyer Datuk Seri Rajan Navaratnam appeared for the defence alongside Roshan Selvaratnam and S. Ravenesan while the prosecution was represented by deputy public prosecutor Nik Mohd Fadli Nik Azlan.
Last year, the magistrates’ court here found Mohan guilty after ruling that the defence had failed to raise reasonable doubts against the prosecution’s case.
Puteri also ordered for his driving licence to be suspended for five years and for the details of his conviction to be endorsed on the driving licence.
Mohan was charged with driving his Toyota Vios under the influence of alcohol, with his blood alcohol level exceeding the permitted limit, into another car that was being checked by several policemen, including Mohd Zamiri Sinsian and Osman Ibrahim, then aged 25 and 23 respectively.
The accident, which happened at Jalan Semantan heading towards the city at 3.30am on December 5, 2018, caused Zamiri’s death while Osman suffered traumatic brain injuries. – The Vibes, May 31, 2023
