JOHOR BAHRU: The Court of Appeal has freed clerk Sam Ke Ting in the modified bicycle or “basikal lajak” case.
A three-member panel led by Justice Hadhariah Syed Ismail unanimously allowed her appeal and set aside her conviction and sentence under Section 41 of the Road Transport Act this morning.The other judges on the panel were Justices Hashim Hamzah and Azman Abdullah. The court held that the charge against Sam was defective.
“In the grounds of judgment, the High Court judge only said she was found guilty ‘as per the charge’ but did not mention whether it was for ‘reckless’ or ‘dangerous’ driving,” Hadhariah said. She also pointed out that the magistrate, in acquitting Sam twice, in 2019 and then in 2021, had written a comprehensive judgment. “We agree with the magistrate because she evaluated all evidence before her from all aspects, while the High Court only emphasised on the driver .
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