Mat lajak deaths: No excuse to drive recklessly on dimly lit road, says High Court

PETALING JAYA: Sam Ke Ting was convicted by the High Court for reckless driving that caused the deaths of eight teenagers on modified bicycles, or “basikal lajak” as she failed to put up her defence at the prosecution stage of her trial.

High Court judge Justice Abu Bakar Katar said the lower court had erred in accepting the 27-year-old’s unsworn defence statement.

“The court had erred when it failed to decide that the respondent’s unsworn statement was a bare denial or an afterthought.

“The respondent in her defence stated that she did not see the group of cyclists at the accident site and that another vehicle had hit them and run off.

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“This version was never raised by the respondent during the prosecution stage,” said Justice Abu Bakar in his broad judgment.

He also said that not knowing there would be "basikal lajak" activity during the time of the incident could not be used by Sam as an excuse to drive dangerously, resulting in the deaths of the teenagers.

“The court had erred when it accepted the respondent’s defence that she did not know that there was a basikal lajak activity during that night as her excuse to drive her car recklessly until it caused the death of the victims,” said Justice Abu Bakar.

Sam should have driven carefully and been aware that the accident site was not well lit in the wee hours of 3.20am, he said.

The lower court had also erred when it decided that Sam's unsworn statement had raised reasonable doubts on the prosecution’s case, he said.

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“This court is of the opinion that the respondent in her defence had failed to raise any reasonable doubts on the prosecution’s case.

“Instead, the prosecution had proven beyond doubt the essence of the offence.

“This court decides that the respondent is guilty and convicted of the charges under Section 41(1) of the Act,” said Justice Abu Bakar.

On Wednesday (April 13), Sam was jailed for six years and fined RM6,000 over a fatal road accident that resulted in the death of eight teenagers in Jalan Lingkaran Dalam, Johor Baru, at 3.20am on Feb 18, 2017, after two Magistrate’s Courts had earlier acquitted her on the charge.

She was charged under Section 41(1) of the Road Transport Act 1987. The offence under Section 41(1) of the Road Transport Act 1987 (Act 333) carries a maximum jail term of 10 years and a fine of RM20,000 upon conviction.

The judge also refused Sam’s application for a stay of execution pending appeal in the Court of Appeal and ordered her to serve the jail term immediately.

Meanwhile, Sam’s defence lawyer Muhammad Faizal Mokhtar confirmed that a notice of motion to obtain leave to appeal and to stay the execution of her sentence was submitted to the Court of Appeal via e-filing on Thursday (April 14) morning.