MCA respects the wishes of Sam Ke Ting’s family, who announced a few days ago via their representative that they are declining assistance from any political party.
Nonetheless, our party assigned three of our lawyers to attend the Putrajaya Court of Appeal hearing on Sam Ke Ting’s application for leave to appeal in order to demonstrate MCA’s concern and care in this matter.
The three MCA lawyers, namely Civil Society Movement Coordination Bureau Chairperson Ng Kian Nam, MCA Youth Spokesperson Ryan Ho Kwok Xheng, and MCA Youth Civil Society Movement Coordination Bureau Chairperson Heng Zhi Li, appeared in the morning to apply for a watching brief and to appear as amicus curiae in the application for leave to appeal, in addition to expressing MCA’s concerns, as this case involves a matter of significant public interest.
Although the Court of Appeal denied MCA’s application for leave to appear at today’s appeal hearing, the panel judges permitted our legal team to attend today’s hearing, and we will pursue this application at the subsequent appeal stage.
We will continue to closely monitor the case and will be available to provide legal counsel or perspectives at any time in the public interest, in particular, with regard to the definition of reckless and dangerous driving under Section 41(1) of the Road Transport Act, whether the prosecutor is required to establish at the very least that the accused had engaged in any active reckless and dangerous driving in previous cases that were reversed.
Simultaneously, we are pleased that the Court of Appeal has granted Sam Ke Ting’s application for leave to appeal and a stay of execution. She will be released pending trial on RM10,000 bail with one surety.
Additionally, we are confident that the Court of Appeal will conduct a professional and just review of the High Court’s reasoning, thereby demonstrating justice.
On February 18, 2017, Sam Ke Ting was charged with causing the death of eight teenagers on a ‘basikal lajak’.
On April 14, 2022, she was convicted and sentenced to six years in prison and an RM6000 fine by the High Court in Johor Bahru. We feel that this decision imposes a severe sentence on Sam Ke Ting, who was not driving recklessly or dangerously.
Datuk Tay Puay Chuan
MCA Legal Affairs Bureau Chairman
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