PUTRAJAYA, March 31 — Sam Ke Ting’s conviction last April over the charge of “reckless or dangerous driving” was illegal as the charge itself was defective, her lawyers argued at the Court of Appeal here today.
The defence team said that the conviction of Sam — who is on trial over a collision in 2017 involving her and a group of teenagers riding “basikal lajak”, resulting in eight of the teenagers’ deaths — should subsequently be overturned.
Lawyer Datuk Hisyam Teh Poh Teik said that the defence was of the view that Section 41 (1) of the Road Transport Act 1987 had three distinct “limbs” — reckless driving, driving at speed, and dangerous driving.
“What the prosecution did in this case, My Lord, was to lump limb one (reckless driving) and limb three (dangerous driving),” he said.
He said that the prosecution should have only selected one of the “limbs” to charge Sam, as supposedly required by law, and cited several case laws to support his argument.
Source: Malay Mail