Monday, August 29, 2022

Grounds of judgment not ready, ‘basikal lajak’ appeal delayed

 

Sam Ke Ting was sentenced to six years’ jail and a RM6,000 fine for reckless driving that caused the death of eight teenagers on modified bicycles, or ‘basikal lajak’, in Johor Bahru on Feb 18, 2017. (Bernama pic)

KUALA LUMPUR: Sam Ke Ting’s appeal against her conviction and jail sentence for reckless driving that led to the death of eight teenagers on modified bicycles, or “basikal lajak”, has been delayed as the High Court judgment which forms part of the appeal record is not ready.

Sam’s counsel, Harvinderjit Singh, said the Court of Appeal was still waiting for the grounds of judgment from High Court judge Abu Bakar Katar.

“Another case management has been fixed on Oct 13,” he told FMT after online case management proceedings before deputy registrar Norkamilah Aziz today.

In criminal appeals, the court registry will prepare and deliver to parties the appeal records which will contain the notes of evidence, exhibits and grounds of judgment.

On April 18, the Court of Appeal granted Sam, a clerk, leave to appeal against her six-year jail sentence and RM6,000 fine imposed by the Johor Bahru High Court.

The Court of Appeal had also allowed Sam’s application to stay the execution of the jail sentence and fine imposed by the Johor Bahru High Court and also released her on bail of RM10,000 in one surety, pending the hearing of her appeal.

On April 13, High Court judge Abu Bakar meted out the jail sentence and fine against Sam after allowing the prosecution’s appeal to set aside the decision of the magistrates’ court on Oct 10 last year to acquit and discharge her.

He also ordered Sam to be jailed for six months if she failed to pay the fine, and imposed a three-year driving ban upon completion of her prison term.

The offence under Section 41(1) of the Road Transport Act 1987 carries a maximum jail term of 10 years and a fine of RM20,000 upon conviction.

Sam, who was 22 at the time of the incident, was charged with committing the offence at Jalan Lingkaran Dalam, Johor Bahru, at 3.20am on Feb 18, 2017.

The eight killed in the incident were Azrie Danish Zulkefli, 14, Shahrul Izzwan Azzuraimie, 14, Firdauz Danish Mohd Azhar, 16, Fauzan Halmijan, 13, Azhar Amir, 16, Harith Iskandar Abdullah, 14, Shahrul Nizam Marudin, 14, and Haizad Kasrin, 16. - FMT

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