Sam Ke Ting Files Appeal Against Conviction & Sentencing In The 'Basikal Lajak' Case
The 27-year-old is appealing against the Johor Bahru High Court judgement that overturned her previous acquittal and found her guilty of causing death by reckless driving.
By Sadho Ram — 14 Apr 2022, 06:11 PM — Updated over 2 years ago
27-year-old Sam Ke Ting, whom the Johor Bahru High Court on Wednesday, 13 April sentenced to six years in jail for the death of eight teenagers, has gone to the Court of Appeal to set aside the decision
According to her lawyer Muhammad Faizal Mokhtar, Sam has filed an appeal against the High Court's conviction, the six-year jail sentence, and the fine of RM6,000 slapped on her, reported Malay Mail.
The High Court found Sam, who worked as a clerk, guilty under Section 41(1) of the Road Transport Act 1987 (Act 333) for causing death by reckless driving when she rammed into a group of teens riding modified bicycles ('basikal lajak') on Jalan Lingkaran Dalam, Johor Bahru at 3.30am, 18 February 2017.
In his judgement yesterday, Judge Abu Bakar overturned the Johor Bahru Magistrate Siti Hajar Ali's ruling to acquit Sam in October last year. Judge Abu Bakar also ruled that the Magistrate's Court had erred in not ruling on the 27-year-old's defence that she did not see the teenagers in the dark.
Sam, 22 at the time of the incident, was driving at 44.5km/h or 75.8km/h on the far left lane at the accident scene. Her testimony matched with a study conducted by the Malaysian Institute of Road Safety (MIROS).
Sam's layer today said that they have filed an application seeking leave to appeal from the Court of Appeal and that they have also filed a certificate of urgency to expedite the hearing of the matter.
While expressing gratitude for all the support shown to Sam, her lawyer explained that the two applications are needed to obtain leave to appeal and to stay the execution of the 27-year-old's sentence
The case initially originated at the Magistrate's Court, where she was acquitted twice.
However, with the High Court overturning her acquittal, Sam now first needs to obtain leave from the Court of Appeal, which is the second highest court in Malaysia, before she can proceed with the appeal.
The first time Sam was acquitted was in October 2019. She was ordered to enter defence by the Johor Bahru High Court in February 2021. The Magistrates' Court then acquitted her again in October last year.
Following which, Attorney General (AG) Tan Sri Idrus Harun instructed the Attorney General's Chambers (AGC) to file an appeal against Sam's acquittal last year, which led to yesterday's sentencing.
Sam is currently under police custody
She will be transferred to the women's wing of the Kluang Prison in Johor today, reported Malay Mail.
Yesterday, the High Court had denied her lawyer's application to stay the sentence pending appeal.
