Bicycle tragedy: May 11 case management for driver’s appeal

 

The Appellate Court has fixed May 11 for case management of Sam Ke Ting’s appeal to overturn her six-year jail term and RM6,000 fine for reckless driving that killed eight teen cyclists in 2017.

This followed on the heels of the clerk succeeding in obtaining leave to appeal from the Court of Appeal on April 18, as well as a stay on her sentence pending disposal of her appeal.

The motorist’s counsel, Muhammad Faizal Mokhtar confirmed the case management date when contacted by Malaysiakini this morning.

Under the judicial process, case management is neither a hearing nor a trial, but court appearances that mostly involve directions and updates.

Parties such as Sam’s lawyers as well as members of the prosecution would attend to take directions on what documents to be prepared, filed, served or exchanged, and on when and how they may argue or be heard in pending proceedings, among other things.

The outcome of the May 11 case management is to help expedite the fixing of the full hearing of the merits of the appeal by Sam, 27.

Denied application

On April 13, the Johor Bahru High Court reversed her acquittal for reckless driving. Judge Abu Bakar Katar also denied an application by Sam’s lawyers for a stay of the sentence pending appeal.

Among the issues of law that the Appellate Court will look into during a later hearing of the appeal proper, is whether the accused's unsworn statement from the dock can be accepted as an explanation by the defence against the reckless driving charge.

During the defence stage of her case before the Johor Bahru Magistrate's Court, Sam had chosen to give an unsworn statement from the dock.

The scene of the tragic accident

If she had opted to take the witness stand and give evidence, the prosecution would have had the opportunity to cross-examine her over her version of events behind the accident.

Another issue of law before the Court of Appeal is whether Sam's car speed of 45.33kph on the day of the incident can be regarded as dangerous to the teen cyclists. -Mkini