PUTRAJAYA (Bernama): The Court of Appeal upheld a High Court's decision on Monday (Sept 27) to acquit a technician for dangerous driving, resulting in the death of a pillion rider six years ago.
The decision by a three-member bench led by Justice Datuk Has Zanah Mehat was a majority decision in dismissing the prosecution's appeal to set aside the High Court's verdict to acquit Mohamad 'Atif Izzat Ajizi.
The majority decision came from Justices Has Zanah and Datuk Abu Bakar Jais, while Justice Datuk Che Mohd Ruzima Ghazali dissented.
"There is no merit in the prosecution's appeal and the decision of the High Court is maintained,” said Justice Has Zanah.
Mohamad 'Atif Izzat, 26, who was a student at the time of the incident, thanked the judges after the decision was announced.
Mohamad 'Atif was charged with dangerous driving which resulted in the death of Mohd Tajul Din Amran at the Gong-Kemubu road in Machang, Kelantan, about 6.40am on Sept 26, 2015.
The motorcyclist, teacher Mahmad Kamel Ishak, escaped with injuries.
On April 2, 2018, the Magistrates' Court found Mohamad 'Atif guilty of the offence and sentenced him to two years' jail and imposed a RM5,000 fine, in default 12 months' jail.
On Sept 29, 2019, Mohamad 'Atif was freed of the charge after the High Court allowed his appeal to set aside his conviction and jail sentence, prompting the prosecution to appeal to the Court of Appeal.
Mohamad 'Atif was represented by lawyers Raja Mohd Afiq Raja Azmi and Wan Norfarhan Liyana Wan Baharuddin, while deputy public prosecutor Nurul Farhana Khalid appeared for the prosecution. - Bernama