Malaysia’s Court of Appeal acquits driver in crash that killed 8 teenagers on modified bicycles
Ms Sam Ke Ting also apologised to the families of the victims in the 2017 "basikal lajak" case.
11 Apr 2023 04:00PM (Updated: 11 Apr 2023 04:17PM)
PUTRAJAYA: The Malaysian Court of Appeal has acquitted and discharged a driver who was sentenced to jail for reckless driving that led to the death of eight teenagers in Johor in 2017.
The teenagers had been riding modified speed bicycles, also known locally as "basikal lajak" along a road at about 3.20am.
On Tuesday (Apr 11), Malaysian media reported that a three-member panel of the Court of Appeal unanimously allowed the appeal by Ms Sam Ke Ting to set aside a High Court’s decision in convicting and sentencing her to a six-year jail term for the offence.
Bernama reported that the Court of Appeal’s decision was delivered by a three-judge bench chaired by Judge Hadhariah Syed Ismail along with Justices Hashim Hamzah and Azman Abdullah.
In their decision on Tuesday, the Court of Appeal found that Ms Sam's conviction from the Johor Bahru High Court last year cannot stand since the charge was defective, Free Malaysia Today (FMT) reported.
“In the grounds of judgment, the High Court judge only said she was found guilty ‘as per the charge’ but did not mention whether it was for ‘reckless’ or ‘dangerous’ driving,” Judge Hadhariah said, according to FMT.
Bernama reported Judge Hadhariah as saying that there was a duplicity of the offence in the charge where Ms Sam was accused of committing reckless driving and dangerous driving.
Section 163 of the Criminal Procedure Code provides that a charge must have one offence, she added.
“So, you are now a free person,” Judge Hadhariah told Ms Sam, according to Bernama.
Malay Mail reported that Tuesday’s hearing marks the final avenue for the case to be heard.
Related:
Malaysian driver in crash that killed 8 teenagers on modified bicycles allowed bail to appeal conviction
“I BELIEVE I WILL CARRY THIS FEELING TO THE GRAVE”: MS SAM KE TING
Speaking to reporters outside the court on Tuesday, Ms Sam apologised to the families of the eight teenagers who died in the incident and named each of them individually.While admitting that she was involved in the incident six years ago, Ms Sam said that she did not intend for it to happen.
“Every moment my soul and thoughts are haunted by the unfortunate incident that happened that night and I believe I will carry this feeling to the grave,” Ms Sam was quoted as saying by Malay Mail.
On Apr 18 last year, Ms Sam was released on bail pending the hearing of her appeal at the Court of Appeal. The panel allowed her application to stay the execution of the six-year jail sentence and RM6,000 (US$1,359) fine imposed by the Johor Bahru High Court.
According to Bernama, the panel also allowed her application for leave to appeal against the decision of the High Court.
Prior to that, High Court judge Abu Bakar Katar - who meted out the jail sentence and fine on Ms Sam - on Apr 13 also ordered for her to be jailed for six months if she failed to pay the fine. She was also subject to a three-year driving ban upon completion of her prison term.
The High Court judge handed down the decision after allowing the prosecution's appeal to set aside the Magistrate's Court's decision on Oct 10 2021 which acquitted and discharged the woman.
Ms Sam spent five days in jail after the judge refused her a stay of execution and bail pending her appeal to the Court of Appeal.
Ms Sam, who was 22 years old at the time of the incident, was charged with committing the offence of reckless driving. She allegedly crashed into a group of teenagers on modified bicycles at Jalan Lingkaran Dalam, Johor Bahru, at 3.20am on 18 Feb 2017.
The eight teenagers killed in the incident were between the ages of 13 and 16.
