PUTRAJAYA: The Court of Appeal fixed June 28 for another case management for clerk Sam Ke Ting’s appeal in her 2017 ‘basikal lajak’ (modified bicycles) case.
Lawyer Harvinderjit Singh told reporters that the date was fixed after the defence told the court that appeals records, notes of proceedings and submission for an earlier appeal in 2019 – by the prosecution – needed to be included in this appeal.
In 2019, High Court judge Shahnaz Sulaiman ordered Sam to answer the charge against her under Section 41(1) of the Road Transport Act.
“The issue of prima facie is also to be determined by the Court of Appeal,” Harvinderjit added.
He said the court instructed the defence to obtain the relevant documents from the Johor Bahru High Court.
“We also told the court that Datuk Seri Gopal (Sri Ram) will be leading the defence,” Harvinderjit said.
Sam was also represented by lawyer Faizal Mokhtar.
The Johor Bahru magistrates’ court had on Oct 28, 2019 freed Sam over the charge of driving recklessly and causing the death of eight teenagers, who were riding the modified bicycles at 3.20am on Feb 18, 2017.
Upon the prosecution’s appeal, Shahnaz ordered the clerk to enter her defence on the charge.
Magistrate Siti Hajar Ali, who previously heard the case in 2019, again freed her of the charge last year, adding that the prosecution had not proven its case beyond reasonable doubt.
The prosecution then filed a second appeal against Sam, and High Court judge Abu Bakar Katar granted the prosecution’s appeal and convicted her of driving recklessly on April 13.
He sentenced Sam to six years in prison and fined her RM6,000, in default six months’ jail. He refused bail and Sam was sent to prison to begin her sentence.
Sam was subsequently released on a RM10,000 bail in one surety by the Court of Appeal last month. The court also allowed Sam’s leave to appeal against her conviction and sentence. - FMT
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