PETALING JAYA: Sam Ke Ting has applied to the Court of Appeal for leave to appeal the High Court’s decision yesterday to sentence her to six years’ jail and a RM6,000 fine for reckless driving that caused the deaths of eight teenagers on modified bicycles or “basikal lajak”.
Her lawyer, Faizal Mokhtar, told FMT the notice of motion for leave to appeal and to stay the execution of her sentence were both filed today through the court’s e-filing system.
He said a certificate of urgency was also filed.
Watch the video here.
Faizal thanked the public for the support shown to the 27-year-old clerk.
Yesterday, Sam was also ordered to serve another six months in prison if she did not pay the RM6,000 fine and was barred from driving for three years after she completes her jail sentence.
Sam’s lawyer had asked for a stay of execution since they would be appealing the decision at the Court of Appeal, but judge Abu Bakar Katar rejected this and instructed Sam to begin her sentence immediately.
Sam, who had been charged with causing the death of eight cyclists along 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 to 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.