KUALA LUMPUR, March 31 — Today, the Court of Appeal will be hearing Sam Ke Ting’s appeal against her conviction and six-year jail sentence for alleged reckless or dangerous...
KUALA LUMPUR, March 31 — Today, the Court of Appeal will be hearing Sam Ke Ting’s appeal against her conviction and six-year jail sentence for alleged reckless or dangerous driving, which was claimed to have resulted in the 2017 death of eight teenagers involved inThis will be Sam’s final appeal, as her case started out at the Magistrate’s Court — where she was acquitted twice —and was previously at the High Court.
The magistrate listed the facts and evidence in the case, including those from eyewitnesses and the police and expert testimony from the Malaysian Institute of Road Safety Research: Two prosecution witnesses had separately said they saw a Chinese man and Chinese woman outside the car before it was overturned or saw them at the scene, while another witness did not see any Chinese woman when the crowd overturned the car and had only seen Malays at the area where the car was overturned.The magistrate said Sam did not create a dangerous situation as her car had the legal right of way on all three lanes of the road.
Out of the two probable driving speed ranges of 74.86 km/hour and 44.53 km/hour in Miros’s report on the accident, the magistrate opted for the lower speed, based on the legal principle where the inference favourable to the accused is to be chosen. The High Court said the prosecution had shown the first element of Sam being the driver, as she had never disputed she was the driver and had lodged police reports on the accident.
On May 9, 2021, Sam had the chance to tell the court about the accident, when she chose to give an unsworn statement from the dock to defend herself against the charge. Among other things, Sam told the magistrate she believed there could be other vehicles who had crashed into the eight cyclists and the 30 to 40 bicycles and said they could have escaped due to the crowd formed by the group and the public.
The magistrate examined every line of Sam’s unsworn statement, and found it to be consistent with the evidence presented in court and not an afterthought or bare denial. Among the factors taken into account by the High Court for her sentencing was that Sam did not plead guilty which would usually entitle her to a ⅓ reduction of the sentence, it was her first offence and her income was RM1,000 per month, the need to prioritise public interest over the accused’s interest, the serious nature of the offence and that the number of deaths caused, as well as past sentencing trends.
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