PETALING JAYA: Muda has asked the court to clarify what amounts to “reckless driving” under the Road Transport Act 1987, following the conviction of a woman in connection with the death of eight teenagers on modified bicycles or “basikal lajak” four years ago.
“Millions of motorists have the right to know clearly what constitutes reckless driving under Section 41 of the Road Transport Act 1987 (Act 333),” Muda vice-president Lim Wei Jiet said in a statement today.
He said Muda hoped the Court of Appeal would hear the matter and decide whether the facts of the case fall within the definition of the offence of “reckless driving” to warrant a six-year jail sentence being imposed.
Lim said many drivers in Malaysia were afraid they would find themselves in a similar situation, especially those who work at night, such as those in the health and security sectors.
He said the Johor Bahru High Court’s decision set a “worrying precedent” where a driver could be punished with a lengthy jail time if he or she failed to dodge racing cyclists on the road at night even when driving within the speed limit and without being under the influence of alcohol or drugs.
Yesterday, Sam Ke Ting, 27, was sentenced to six years jail and fined RM6,000 by the court for reckless driving in connection with the deaths of eight teenagers on modified bicycles five years ago.
Sam, who had been charged with causing the death of the eight cyclists at Jalan Lingkaran Dalam in Johor Bahru at 3.20am on Feb 18, 2017, had been acquitted 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 her to enter her defence after allowing an appeal by the prosecution. On Oct 10 last year, the magistrates’ court again acquitted and discharged her.
The prosecution appealed again to the High Court, which found her guilty. Today, Sam applied to the Court of Appeal for leave to appeal the High Court’s decision.
Muda also hoped that Sam’s sentence would be stayed pending her appeal.