PUTRAJAYA: Clerk Sam Ke Ting's conviction for reckless driving that killed eight teen cyclists cannot stand as the charge framed against her was defective, the Court of Appeal was told on Friday (March 31).
Her lawyer, Datuk Hisyam Teh Poh Teik, submitted that there was duplicity of the charge as the public prosecutor had included two distinct offences in the charge, namely reckless driving and driving in a dangerous manner."This is erroneous. Only one offence is allowed in law to be framed in the charge," he added.
"The High Court judge convicted Sam for 'reckless or dangerous driving'. The appellant did not get what the law says she should get," he said before a three-member bench comprising Justices Hadhariah Syed Ismail, Hashim Hamzah and Azman Abdullah.
On Oct 10, 2021, the Magistrate's Court discharged and acquitted Sam at the end of the defence case. The prosecution appealed to the High Court. In Friday's appeal hearing, Hisyam also argued that in the Magistrate's Court, the prosecution's case was that of reckless driving, but when the case went up before the first High Court judge, the prosecution's stand changed to dangerous driving.
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