Mat lajak deaths: Shafee applies to be 'amicus curiae' in Sam's appeal

 

KUALA LUMPUR: Prominent laywer Tan Sri Muhammad Shafee Abdullah has applied to appear as an “amicus curiae” (friend of the court) in the case involving Sam Ke Ting.

Sam was sentenced to six years’ jail for reckless driving in 2017 that caused the death of eight teenage “basikal lajak” cyclists.

Shafee said he was applying to be an “amicus curiae” in Sam’s leave application to appeal her sentence, which will be heard at the Court of Appeal in Putrajaya on Monday (April 18).

“I am applying to come in as ‘amicus curiae’, on behalf of the Universiti Malaya Faculty of Law Alumni Association (Parfum).

“Parfum’s counsel has authorised me to appear tomorrow to address the court in order to assist the court on this matter of public interest," said Shafee, who is also Parfum vice-president, when contacted Sunday (April 17).

According to the court's e-filing system, Sam's appeal will be heard before a panel of judges of the Court of Appeal 3, at 9 am Monday.

Shafee, who had previously offered his legal services pro bono to Sam, also revealed that she had declined and wanted to retain her lawyer.

Shafee explained that he had written to the appellate court president on Sunday, who will then pass his application to the quorum of judges in charge of Monday’s leave hearing for approval.

An amicus curiae is a “friend of the court” who is not party to a legal action but is allowed to assist in a case by offering his expertise, which may or may not influence the court's decision.

Shafee also noted that the defence team’s challenge was to convince the judges tomorrow to accept its leave application for an appeal without raising or questioning the facts of the case, as stipulated under Section 50 of the Courts of Judicature Act 1964.

“That is the limitation, you cannot raise the issue of facts. The defence must be able to impress upon the Court of Appeal by basing on the points of law that the High Court may have erred in its decision, and not based on facts," he said.

He added that the justification of this provision was to avoid the Court of Appeal being inundated with nonsensical appeals that were not meritorious.

Shafee said he would immediately seek the court's permission, once the Court of Appeal grants leave, to allow bail in order for Sam to work with her lawyers more effectively ahead of the main appeal.

Sam, 27, was sentenced to six years’ jail and fined RM6,000 over the deaths of the teenagers who were riding modified bicycles in Johor Baru at 3.20am on Feb 18, 2017.

Last week, High Court judge Justice Abu Bakar Katar also denied her a stay of execution after finding her guilty. - Star