May 11 date for case management of Sam’s appeal

JOHOR BARU: Clerk Sam Ke Ting’s appeal against a conviction for reckless driving that caused the death of eight teenagers on basikal lajak, or modified bicycles, will go through a case management on May 11.

The latest update on the Court of Appeal case was confirmed by her lawyer Muhammad Faizal Mokhtar.

“The case management is set for May 11 and will be held via Zoom,” he told The Star yesterday.

This follows the 27-year-old’s success on April 18 in obtaining leave to appeal the High Court decision to jail her for six years and a fine of RM6,000 over the fatal accident which occurred in 2017.

A check on the website of the Chief Registrar of the Federal Court of Malaysia also confirmed that the case management would be held before Senior Deputy Registrar Mohd Khairi Haron via video conference at 9am on May 11.

It was reported that she is appealing on six questions of law over her conviction by the High Court.

According to Muhammad Faizal, the six points include:

1. Whether Sam’s unsworn statement could be accepted as an explanation in her defence, while supported by other testimonies;

2. Whether there is a burden of proof on the accused to show she was driving carefully compared to a group of cyclists who obstructed the main road;

3. Whether the speed of her car is considered dangerous as compared to the presence of the group of bicycles on the main road; and

4. Whether there is a burden of proof on the accused to be aware of unforeseen risks.

On April 18, the Court of Appeal allowed Sam to be out on bail.