SALES promoter/clerk Sam Ke Ting will commence her Court of Appeal case management process next month.
This comes about after the appellate court having fixed May 11 for case management after the 27 year-old succeeded in obtaining leave to appeal the Johor Bahru High Court’s decision on April 13 which found her guilty for fatally knocking down eight teenaged cyclists on “basikal lajak” (illegally modified bicycles) along Jalan Lingkaran Dalam at 3.20am on Feb 18, 2017.
Sam had earlier been sentenced to a six-year jail term and RM6,000 fine in default a six-month imprisonment) for reckless driving as well as banned from driving for three years effective from the date she completes the sentence.
Sam who was only 22 at the time of the accident has been acquitted and discharged on two earlier occasions by the Magistrates’ Court’s in October 2019 and October last year
Her lawyer Muhammad Faizal Mokhtar confirmed with The Star that the case management would be held on May 11 via the Zoom platform.
A check on the website of the Chief Registrar of the Federal Court of Malaysia also showed that case management would be held before Senior Deputy Registrar Mohd Khairi Haron via video conference at 9am on May 11.
It was earlier reported that she is appealing on six questions of law over her conviction by the High Court.
On April 18, the appellate court bench led by Datuk P Ravinthran allowed six questions of law raised by the defence, including:
- Whether Sam’s unsworn statement could be accepted as an explanation in her defence while supported by other testimonies;
- Whether there is a burden of proof on the accused to show she was driving carefully compared to a group of cyclists who obstructed the main road;
- Whether the speed of her car (44.5 km/h) is considered dangerous as compared to the presence of the group of bicycles on the main road; and
- Whether there is a burden of proof on the accused to be aware of unforeseen risks, specifically at a hilly and dark road. – April 26, 2022
