Sam’s six questions in appeal

 

PUTRAJAYA: Sam Ke Ting, who had been sent to jail over the death of eight “mat lajak” teenagers in Johor Baru, is out on bail.

A three-man panel of the Appeals Court, chaired by Justice P. Ravinthran, granted Sam, 27, bail of RM10,000 pending the hearing of her appeal.

Two other applications – for leave to appeal and a stay of execution on the High Court’s sentence against her – were also allowed.

Sam was brought to the Court of Appeal here from a prison in Johor Baru.

She appeared before the court wearing a blue baju kurung and in handcuffs.

“The applications are granted. Bail is fixed at RM10,000 in one surety,” Justice Ravinthran said.

Other judges on the panel were Justices Lee Heng Cheong and Mohd Nazlan Mohd Ghazali.

Last Wednesday, Sam was sentenced by the Johor Baru High Court to six years’ jail and a fine of RM6,000 for reckless driving over an accident involving teenagers on modified bicycles, or “basikal lajak”.

High Court judge Justice Abu Bakar Katar also denied her a stay of execution and bail.

Although Sam is out on bail now, her release from the charges will depend on six questions of law that will be raised in the appeal proper.

According to her lawyer Muhammad Faizal Mokhtar, the six questions include:

1. Whether Sam’s unsworn statement could be accepted as an explanation in her defence, while supported by other testimonies.

2. Whether there is a burden of proof on the accused to show she was driving carefully compared to a group of cyclists who obstructed the main road.

3. Whether the speed of her car is considered dangerous as compared to the presence of the group of bicycles on the main road.

4. Whether there is a burden of proof on the accused to be aware of unforeseen risks, specifically at a hilly and dark road.

On the stay and bail applications, Muhammad Faizal said his client had never skipped a court date and was not a flight risk.

Deputy public prosecutor Manoj Kurup told the court that the prosecution had no objection to Sam’s stay and bail applications as the case was of public interest.

Earlier, the Court of Appeal only allowed the Bar Council, represented by lawyer Ravinder Singh, to be amicus curiae (friend of the court) while disallowing two other similar applications by MCA and the Universiti Malaya Faculty of Law Alumni Association (Parfum).

The court had earlier heard from lawyers Ng Kian Nam, who represented MCA, and Tan Sri Muhammad Shafee Abdullah, who represented Parfum, in their application to appear as amicus curiae before the court.

Speaking outside of the courtroom, Muhammad Faizal said the appellate court was Sam’s final avenue to appeal.

A leave to appeal was required to bring the case to the Court of Appeal as Sam’s case originated from the Magistrate’s Court.

“If leave had not been granted today, our case would have ended here,” Muhammad Faizal said.

Sam had earlier been acquitted twice by the Magistrate’s Court before the High Court found her guilty last week.

Justice Abu Bakar ruled that the magistrate had erred in accepting Sam’s defence.

The incident took place at Jalan Lingkaran Dalam, Johor Baru, at 3.20am on Feb 18, 2017.

The eight cyclists who died were Mohamad Azrie Danish Zulkefli, 14; Muhamad Shahrul Izzwan Azzuraimie, 14; Muhammad Firdauz Danish Mohd Azhar, 16; Fauzan Halmijan, 13; Mohamad Azhar Amir, 16; Muhammad Harith Iskandar Abdullah, 14; Muhammad Shahrul Nizam Marudin, 14; and Haizad Kasrin, 16. - FMT