Appeals court acquits, discharges Sam Ke Ting in 'basikal lajak' case

The Court of Appeal today acquitted and discharged clerk Sam Ke Ting of reckless driving resulting in the death of eight teen cyclists in 2017. 

A three-man bench comprising justices Hadhariah Syed Ismail, Hashim Hamzah and Azman Abdulah, in a unanimous decision, allowed Sam's appeal to set aside the High Court decision convicting and sentencing her to six years’ jail for the offence.

Hadhariah said Sam's conviction for reckless driving could not stand as the charge preferred on her was defective.

She said there was a duplicity of the offence in the charge where Sam was accused of reckless driving as well as dangerous driving.

She said Section 163 of the Criminal Procedure Code provides that a charge must have one offence.

"So you are now a free person," Hadhariah told Sam.

Hadhariah also said the court sympathised with the families of the eight teenagers who were killed in the accident, but that the decision must be based on the law and evidence produced in court.

Sam was initially acquitted and discharged without being called to enter her defence by the Johor Bahru Magistrate's Court on Nov 18, 2019.

However, on Feb 18, 2021, High Court judge Shahnaz Sulaiman allowed the prosecution's appeal and remitted the case back to the Magistrate's Court for Sam to enter her defence on the reckless driving charge.
 
On Oct 10, 2021, the Magistrate's Court discharged and acquitted Sam at the end of the defence case, after which the prosecution appealed to the High Court.

And on April 13 last year, High Court judge Abu Bakar Katar allowed the prosecution's appeal and convicted Sam of reckless driving, sentencing her to six years in jail and fining her RM6,000. 

She was allowed a stay of execution for her jail term and fine, and released on bail pending her appeal at the Court of Appeal. 

Outside the court, Sam apologised to the parents of the eight teenagers, saying she had not intended to cause the mishap.

She said she knew that her apology would not bring the teenagers back or help the parents find healing and peace.

"I will carry this feeling (of guilt) to the grave," she said.