Clerk’s defence statement in mat lajak case was a bare denial

PETALING JAYA: The conviction of Sam Ke Ting by the High Court for reckless driving that led to the deaths of eight teenagers came about as she failed to put up a defence at the prosecution stage of her trial.

High Court judge Datuk Abu Bakar Katar said the Magistrate’s Court had previously erred in accepting Sam’s unsworn defence statement.

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“The court had erred when it failed to decide that the respondent’s unsworn statement was a bare denial or an afterthought,” he said in his judgment that was delivered on Wednesday.

Sam, 27, was sentenced to six years’ jail and fined RM6,000 over the deaths of the teenagers on modified bicycles in Johor Baru at 3.20am on Feb 18, 2017.

Prior to Wednesday’s court decision, the clerk had been acquitted twice by the Magistrate’s Court. The latest verdict led to a huge public debate on mat lajak and parental guidance.

In his judgment, Abu Bakar said: “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.

“This version was never raised by the respondent during the prosecution stage.”

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,” he said.

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.

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.

“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,” he said.

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She was charged under Section 41(1) of the Road Transport Act. The offence under this section 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.

This meant that Sam was to serve the jail term immediately.

Sam’s appeal is set to be heard on Monday at the Court of Appeal in Putrajaya, according to the website kehakiman.gov.my.