SALES promoter/clerk Sam Ke Ting must now stands a better chance to win the appeal against her Johor Bahru High Court conviction and six-year jail sentence for reckless driving in the fatal accident involving eight teenagers on basikal lajak (illegally modified bicycles) five years ago.
This comes about after former Federal Court judge Datuk Seri Gopal Sri Ram, 78, has consented to lead the defence team on pro bono basis, lawyer Harvinderjit Singh confirmed with Bernama.
Harvinderjit said Sam met Sri Ram at his office today and he has agreed to conduct the appeal for her with her lawyer Faizal Mokhtar continuing to be part of the legal team.
Now Harvinderjit would have to inform Court of Appeal deputy registrar of their appointments and also seek for the appeal records to be provided to prepare the case as well as to prepare the petition of appeal.
A case management on Sam’s appeal has been set for May 11 before deputy registrar Mohd Khairi Haron.
Recall that the Court of Appeal had on April 18 granted leave to Sam to appeal against her six-year jail sentence and RM6,000 fine imposed by the High Court on April 13.
It had also allowed Sam’s application for a stay of execution of her jail sentence and fine and released Sam on a bail of RM10,000 with one surety pending the hearing of her appeal.
Since his retirement as Federal Court judge in February 2010, Sri Ram has acted as senior counsel in numerous high-profile cases in all level of the judicial hierarchy.
Most notably, he has recently been appointed Senior Deputy Public Prosecutor to act on behalf of the Malaysian Government in, among others, the 1Malaysia Development Bhd (1MDB) and the Sarawak Solar Energy trials.
Sri Ram’s experience within the realm of the appellate court is well-known as in 1994, he earned the distinction of becoming the first ever member of the Bar in Malaysian history to be appointed directly to the Court of Appeal of Malaysia as a judge.
It would be interesting to watch if Sri Ram and his defence team is capable of turning the tide in Sam’s favour given that the 27 year-old had on two earlier occasions being acquitted and discharged by the Magistrate’s Court on October 2019 and October last year.
High Judge Datuk Abu Bakar Katar had meted out the jail sentence and fine on Sam after allowing the prosecution’s appeal to set aside the Magistrate’s Court’s decision on October 10 last year.
He also ordered Sam to be jailed for six months if she failed to pay the RM6,000 fine and a three-year driving ban upon completion of her prison term.
Sam, who was 22 years old at the time of the incident, was charged with committing the offence at Jalan Lingkaran Dalam, Johor Bahru, Johor at 3.20am on February 18, 2017.
The eight killed in the incident were Mohamad Azrie Danish Zulkefli, 14; Muhamad Shahrul Izzwan Azzuraimie, 14; Muhammad Firdauz Danish Mohd Azhar, 16; Fauzan Halmijan, 13; Mohamad Azhar Amir, 16; Muhammad Harith Iskandar Abdullah, 14; Muhammad Shahrul Nizam Marudin, 14 and Haizad Kasrin, 16. – May 5, 2022
Pic Caption: Harian Metro
