Court of Appeal frees Sam Ke Ting in ‘basikal lajak’ case

Kuala Lumpur, April 11 — Sam Ke Ting, a clerk charged with causing the death of eight teenagers riding modified bicycles in Johor Bahru, has been freed by the Court of Appeal. In a unanimous decision, a three-member panel led by Justice Hadhariah Syed Ismail set aside Sam’s conviction and sentence under Section 41(1) of the Road Transport Act.

The court held that the charge against Sam was defective, as it contained duplicity, and thus violated Section 163 of the Criminal Procedure Code. The prosecution had accused Sam of driving recklessly or dangerously in the early hours of February 18, 2017, resulting in the fatal accident. However, the court found that every person charged must know the exact ingredients of the charge to defend themselves.

“The prosecution argued that a prima facie case was made out against her for reckless driving. Upon the prosecution’s appeal, they told the High Court that they established a prima facie case for dangerous driving,” Justice Hadhariah said.

The court also found that the magistrate, in acquitting Sam twice in 2019 and 2021, had written a comprehensive judgment. The High Court judge, in contrast, only mentioned that Sam was found guilty “as per the charge” but did not specify whether it was for reckless or dangerous driving.

Sam was represented by lawyers Hisyam Teh Poh Teik, Harvinderjit Singh, Farhan Read, Guok Ngek Seong, and Faizal Mokhtar. Deputy public prosecutors Tengku Amir Zaki Tengku Abdul Rahman and Syafiq Ghazali appeared for the prosecution.

Last year, the Johor Bahru High Court convicted and sentenced Sam to six years in jail for dangerous driving that caused the eight teenagers’ death. She was also fined RM6,000 or six months in jail in default. After Sam’s appeal to the High Court, she was ordered to begin her jail term immediately after her request for bail was denied.

The Court of Appeal granted her leave to appeal and bail one week later. Sam posed six questions of law for determination at the appeal, including whether a statement she made from the dock could be accepted and corroborated by other evidence presented at the trial.

NMT