Today (11 April 2023), the Malaysian Court of Appeal has cleared Sam Ke Ting of a reckless driving charge related to a 2017 accident that resulted in the deaths of eight teenagers riding modified bicycles in Johor.
The three-judge panel, led by Justice Hadhariah Syed Ismail, reached a unanimous decision to overturn her guilty verdict, citing a defective charge.
Here’s what happened.
The Basis for Acquittal
Justice Hadhariah explained that the initial guilty verdict was incorrect because it could only follow if the driver was found at fault.
“You cannot simply say that because it is a fatal accident, the driver must have been liable. That is not what the law says,” she said.
The High Court’s decision was set aside, and Ms Sam was acquitted and discharged as a “free person.” Her RM10,000 bail money was also ordered to be returned.
Although now a free woman, Ms Sam said her nightmare is far from over, as she remains haunted by the incident.
She publicly apologized to the families of the deceased teenagers, acknowledging the tragedy’s ongoing impact on their lives.
What Happened
In February 2017, Sam was involved in the fatal accident while driving around 3.20 am when she collided with a group of over 30 teenagers cycling on modified bicycles.
The accident led to the death of eight teenagers, aged between 13 and 16, and caused injuries to eight others. The incident occurred near Jalan Lingkaran Dalam, a location with limited visibility and dim lighting.
Sam was charged with one count of reckless or dangerous driving resulting in death, facing a jail term of six years and a fine of RM 6,000 (approximately S$1,934). Her driving license would be revoked for three years upon her release. Her lawyer had then mentioned that they would file an appeal against the charge.
Why The Hoo-Ha
However, the case is not as clear-cut as it may initially seem.
Many Malaysians have been supporting Sam and demanding that the teenagers’ parents take responsibility for the incident.
The reason behind this is the dangerous activity the teenagers were engaged in, known as “basikal lajak”. This involves modifying bicycles by lowering the handlebars, removing the brakes, and not installing any safety equipment like helmets, bells, or lights
Riders often lie flat on the bicycle seat, using their weight to propel them forward and zigzagging across lanes on the road, making it a hazardous activity.
The public’s support for Sam also grew stronger after Magistrate Siti Hajar Ali mentioned in 2019 that the teenagers had chosen to race each other on a road with dim lighting.
She added that it was impossible for Sam to have predicted the group’s whereabouts behind the road hill at 3 am. The hilly road conditions limited the line of sight for road users.
In additional, Sam was driving within the speed limit at around 44.5 km/h, was not under the influence of alcohol, and was not using her phone.
You can read more about the case here.
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