PETALING JAYA: A female clerk has been sentenced to six years’ jail and fined RM6,000 by the High Court in Johor Bahru for reckless driving in connection with the deaths of eight teenagers on modified bicycles, or “basikal lajak”, five years ago.
Sam Ke Ting, 27, was ordered to serve another six months in prison if she did not pay the fine.
She was also disqualified from driving for three years, effective immediately after she completes her prison sentence.
Judge Abu Bakar Katar, in his decision on the appeal of the case, said the prosecution had succeeded in proving a prima facie case against Sam, according to Berita Harian.
He also said the trial court was found to have erred in reconsidering the issue raised at the end of the prosecution’s case, with regards to the identity of the driver, admissibility of exhibits and no identification of the victims.
Sam’s lawyer asked for a stay of execution since they would be appealing the decision at the Court of Appeal.
However, Abu Bakar rejected this and instructed Sam to begin her sentence today.
Sam, who had been charged with causing the death of eight cyclists at Jalan Lingkaran Dalam in Johor Bahru at 3.20am on Feb 18, 2017, was acquitted and discharged by the magistrates’ court on Oct 28, 2019 at the end of the prosecution’s case without her defence being called.
However, on Feb 18, 2021, the Johor Bahru High Court ordered Sam to enter her defence after allowing an appeal by the prosecution. On Oct 10, 2021, the Johor Bahru magistrates’ court again acquitted and discharged her.
The prosecution then appealed again at the High Court.
Sam, who was 22 at the time of the incident, was charged under Section 41 (1) of the Road Transport Act 1987 (Act 333), which carries a maximum jail term of 10 years and a fine of RM20,000, upon conviction.
The eight victims were Azrie Danish Zulkefli, 14 (at the time of the incident); 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.
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