PUTRAJAYA: A businessman avoided a 36-month jail sentence after the Court of Appeal set it aside and convicted him of an amended charge of reckless and dangerous driving in Shah Alam 11 years ago.
A three-member bench chaired by Justice Hadhariah Syed Ismail maintained a fine of RM10,000 imposed on Adrian Khoo, 29, and also ordered that he be suspended from driving for two years beginning today.
Also on the panel hearing the appeal were Justices Azman Abdullah and Azmi Ariffin.
Delivering the decision, Hadhariah said the court also took into consideration the fact that Khoo had spent 24 days in jail between Aug 8 to Sept 2 last year.
Earlier today, deputy public prosecutor Eyu Ghim Siang informed the bench that the attorney-general’s chambers had accepted representations made on Khoo’s behalf seeking a reduced charge.
Following the representations, Khoo pleaded guilty to a charge under Section 42 of the Road Transport Act 1987 (RTA) for driving recklessly or at a speed or in a manner without due regard to all the circumstances, including the nature, condition and size of the road and the volume of traffic.
The offence prescribes a penalty of up to five years’ imprisonment and a fine of between RM5,000 and RM15,000.
In 2021, a magistrate convicted Khoo of the offence of causing the death of motorcyclist Shafiq Mahfok, 22, by reckless or dangerous driving under Section 41 of the RTA and sentenced him to 36 months’ jail. Khoo was also fined RM10,000, which he paid.
On Aug 8 last year, the Shah Alam High Court dismissed Khoo’s appeal and ordered that he begin serving his jail term.
However, on Sept 2 last year, the Court of Appeal allowed Khoo’s application to suspend his 36-month jail term pending the disposal of the present appeal.
Khoo committed the offence at a traffic light junction along Persiaran Bestari in Shah Alam, Selangor, at about 7am on Aug 29, 2012.
Lawyers Hisyam Teh Poh Teik, Guok Ngek Seong, Peter Siew and Yasmeen Soh appeared for Khoo.