Discussions surrounding the 2017 Johor bicycle tragedy, in which eight teenagers were killed, are fast taking on a racial spin following the High Court’s decision to overturn the driver’s acquittal on Wednesday.
Former prime minister Najib Abdul Razak claims that DAP and Pakatan Harapan are trying to use the case to pit the Chinese against the Malays for political purposes.
But the truth is that politicians from the other side of the divide - including from Umno - have been trying to racialise or capitalise on the issue since 2017, setting it down a slippery slope.
The accident occurred at 3am on Feb 18, 2017, at Jalan Lingkaran Dalam, beside the Mahmoodiah cemetery, near Johor Bahru.
According to police at the time, a group of about 30 teenagers aged 13 to 17 on bicycles were believed to have obstructed Jalan Lingkaran Dalam and other nearby roads when they were hit by a Nissan Almera driven by Sam Ke Ting - who was 22 at the time.
Eight of the youths were killed. They 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.
Unsurprisingly, the fact that the driver is Chinese and the teenagers were Malay caused some to racialise the issue.
Things got more heated when police released Sam the next day, after taking her statement.
Former Bandar Baru Kulim MP Zulkifli Nordin questioned why police had not revealed the identity of the “Chinese girl” (police had not named Sam yet then), and whether she had special connections.
A message with Sam’s photo then went viral, alleging that she was the daughter of a tycoon, along with an invitation to a protest.
The invitation read: “Protest against the Chinese woman who was not jailed or fined and was let off by police just like that.”
The protest did not materialise, and tempers appeared to calm not long after.
Malay supremacy
Fast forward to Oct 28, 2019.
The Pakatan Harapan government found itself under siege for close to a year as a “racist, anti-Malay” administration - especially after failing to resolve the death of firefighter Muhammad Adib Mohd Kassim.
Malay supremacy supporters were riding on a high as Muafakat Nasional gained strength and was set to clash with Harapan in the Tanjong Piai by-election due the next week.
Against this backdrop, Sam was acquitted by the Magistrate’s Court without entering a defence.
Magistrate Siti Hajar Ali ruled that Sam had been driving responsibly, and that road conditions made it unlikely for her to foresee that there would be a bicycle gang on the road at 3am in the morning.
But the merits of the judgement were glossed over by the driver’s critics, who took to social media to claim that the magistrate’s decision had been influenced because Sam was Chinese or “bangsa DAP” - a not so subtle code for Chinese.
Politicians did not shy away from similar narratives as well.
Then PAS treasurer Iskandar Abdul Samad commented on Sam’s release with a cryptic but suggestive message on Facebook that read: “Ok tuan-tuan (gentlemen), understand our position in this country. What will you do now?”
Meanwhile, Bagan Umno division chief Shaik Hussein Mydin remarked that “bangsa DAP lackeys (macai) were aggressively defending their ‘responsible driver’”.
He said this while sarcastically commenting that the driver was great for being found not guilty despite hitting eight people.
The week following Sam’s acquittal, the prosecution aborted plans to slap fresh charges against DAP’s Seremban Jaya assemblyperson P Gunasekaran over the possession of material linked to the Liberation Tigers of Tamil Eelam (LTTE).
The day after, Umno president Ahmad Zahid Hamidi took to the campaign trail in Tanjung Piai and claimed that the course of justice had been perverted under the Harapan government.
He cited the LTTE case, Adib’s unresolved death, as well as Sam’s case.
“When eight children playing on their bicycles in Johor were hit by a woman (driver), that woman was released as though there was no evidence.
“Those children have died, they have become arwah (the deceased),” Zahid said in his speech.
Zahid later denied that he was trying to undermine the courts and that he was only expressing his opinion on the technical grounds that led to Sam’s acquittal.
The flip side
The racial narrative on the case took a different turn on Wednesday after High Court judge Abu Bakar Katar overturned the acquittal and sentenced Sam - now 27 - to six years in jail with an RM6,000 fine.
Abu Bakar also rejected the defence’s application for a stay of execution, pending leave for appeal.
This led to criticism, especially by opposition figures, questioning why Sam was not granted bail when Najib - who has been convicted by the High Court and Court of Appeal over the RM42 million SRC International case - was still a free man.
The outcry also led DAP, as well as MCA, to step forward to offer legal aid to Sam.
The criticism and the offering of legal aid by DAP and MCA prompted allegations that the Chinese community was trying to racialise the issue.
Likewise, Najib also accused DAP and Harapan of trying to create racial conflict.
Conservative activist and Gerakan Pembela Ummah chairperson Aminuddin Yahya, meanwhile, made a viral posting alleging that the issue was being racialised in support of Sam.
“Are they humans or animals without remorse? Do they (racial critics) want to collude with the guilty?” Aminuddin said.
While there are Chinese social media users who have made racial comments regarding the High Court verdict and denial of bail, a cursory search found no Chinese racial postings have gone viral.
Malaysiakini has also not come across any postings by Chinese politicians putting a racial spin on the case as of writing, with even former DAP firebrand Hew Kuan Yau mocking Najib for accusing DAP of racialising the issue.
The most often repeated Chinese comment on social media platforms that Malaysiakini observed, was “司法不公，天理何在” (Judiciary is unjust, where is the justice?).
‘Leave the courts alone’
For former law minister Nazri Abdul Aziz criticisms and racialising of both Sam’s acquittal and her recent conviction were uncalled for.
“The people must understand that the courts are colour blind, and judges make decisions based on the facts before them.
“Leave the courts alone, or else it will lead to a situation where judges are cowed by protests outside the court, afraid to make proper decisions because they overthink whether or not it would cause public anger,” he told Malaysiakini.
Nazri said undue criticism of both Sam’s acquittal and conviction was contempt of court and urged the Attorney-General’s Chambers to take action by arresting and charging those who are in contempt.
“This isn't about freedom of expression, this is contempt of court... AGC must not allow further intimidation of judges,” the Padang Rengas MP said.
Meanwhile, Bukit Gelugor MP Ramkarpal Singh said linking Sam’s case to race was irresponsible.
“The Johor bicycle case has nothing to do with race and any attempt to racialise it is uncalled for and irresponsible.
“As far as I am concerned, Sam was initially acquitted based on the evidence presented and as such, has a good chance of success on appeal.
“It is hoped that people refrain from making such baseless racial claims in the future,” he said when contacted.
Victim of circumstance
While the Johor bicycle tragedy has stoked racist comments and sentiments, not all members of the public share such views.
When a racially-charged protest was planned against Sam’s release from police custody in 2017, Johor prince Tunku Idris Sultan Ibrahim spoke out and urged Johoreans not to attend the gathering and promote hate.
Meanwhile, many including Malays also believe Sam to not be at fault, and that the parents of the dead teenagers are the ones who should be held responsible for the tragedy.
Likewise, there are many Malaysians urging against racialising the issue.
For MCA legal bureau head Chan Quin Er, many see Sam as a victim of circumstance.
“From what I have observed on social media, I see that the Malay community is overwhelmingly in support of Sam.
“They do not perceive her ethnicity. They see her, in the circumstances, as just another victim of the tragic accident,” she said.
Chan urged Malaysians to be gatekeepers of racial narratives by refusing to take part in them.
“While our hearts weep for the young people who have lost their lives and their bereaved families, we too must weep for Sam.
“We want to be there for a young lady who has, in a way, lost her future as the result of a tragedy,” she added.
Sam has filed to appeal her conviction with the Court of Appeal - her last avenue for legal recourse. - Mkini
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