PUTRAJAYA: The Court of Appeal has fixed Sept 2 to hear a businessman’s leave application to set aside a 36-month sentence for a traffic offence committed 10 years ago.
Lawyer Guok Ngek Seong, who is appearing for Adrian Khoo, said the date was fixed after case management before deputy registrar Fuad Abdul Aziz.
Last week, Khoo filed a certificate of urgency to get the court to hear the leave application as quickly as possible.
Deputy public prosecutor Dhiya Syazwani Izyan Mohd Akhir represented the prosecution.
Guok said if leave is granted, he would request that Khoo be released on bail pending the outcome of the appeal.
However, Khoo will continue to serve his jail term if the leave application is dismissed.
To secure leave, Khoo has identified two questions for determination by the Court of Appeal.
One is whether beating a traffic light amounted to an act of dangerous driving under Section 41(1) of the Road Transport Act or whether it was merely an error in judgment.
Another question is whether the failure of the magistrate to make a positive finding that the evidence led by the prosecution was true or must be true offended the rule laid down in the case of PP v. Saimin (1972).
Two weeks ago, the Shah Alam High Court ordered that Khoo serve his 36-month sentence after dismissing his appeal against his conviction and sentence.
Earlier, the magistrates’ court had stayed his imprisonment term pending disposal of his initial appeal to the High Court. Khoo has fully paid his fine of RM10,000.
Khoo was charged with driving his car recklessly, or dangerously, at a traffic light junction along Persiaran Bestari here at about 7am on Aug 29, 2012, resulting in the death of motorcyclist Shafiq Mahfok, 22.