KUALA LUMPUR: A lorry driver was charged in the Ampang Magistrate's Court here today with causing the death by reckless driving of a high-powered motorcycle rider on the Sungai Besi-Ulu Kelang Elevated Expressway (Suke) Expressway last month.
Mudzyadaha Mohammad, 42, who broke his right arm in the incident, pleaded not guilty to the charge before Magistrate Amalia Basirah Md Top.
He was charged with riding a motorcycle against the flow resulting in the death of Ahmad Fadzil Omar Azaddin, 64, at kilometer 22.2 of the SUKE Highway, at 1.10 pm last June 14.
The charge was framed under Section 41 (1) of the Road Transport Act 1987 which provides imprisonment of not less than five years and a fine of not less than RM20,000 and not more than RM50,000 convicted and will be disqualified from holding or obtaining a driving license for a period of five years from the date of the conviction if found guilty.
Deputy public prosecutor Annur Athirah Amran requested bail of RM15,000 with one surety and for the accused to surrender his passport to the court and also to report himself at the nearest police station pending disposal of the case.
Lawyer Izleen Ismail, from the National Legal Aid Foundation, who represented Mudzyadaha, said the accused is a person with disabilities (PwD) with mental problems and a recipient of aid from the Social Welfare Department.
"This fact is confirmed through a reference letter issued by a doctor at Kajang Hospital. This proves that during the incident the accused was unable to think rationally resulting in a head-on collision," she said.
According to Izleen, her client, who earns RM2,200 a month as a lorry driver, had been having stress problems since losing his job as a train driver.
He has a wife, who is unemployed, and three children to support, she said and requested a court order for him to be sent to Hospital Bahagia Ulu Kinta, Perak, for mental observation.
Magistrate Amalina Basirah then set bail at RM10,000 with one surety and an order for Mudzyadahan to surrender his driving license to the court.
She also allowed the lawyer’s application for the accused to be sent for mental observation at Hospital Bahagia and set Aug 10 for mention.
According to media reports, Ahmad Fadzil died after falling from the Suke Highway flyover at a height of 30 metres while avoiding hitting a motorcycle that was going against the traffic flow.
The man on the other motorcycle died at the scene of the incident. Footage from a closed-circuit camera at the location of the incident went viral on social media. - Bernama