FORMER Prime Minister Datuk Seri Najib Razak’s lead counsel in his 1Malaysia Development Bhd (1MDB) trial, Tan Sri Dr Muhammad Shafee Abdullah, has offered himself to be the lawyer for sales promoter/clerk for Sam Ke Ting who has been jailed for reckless driving.
“I am offering to help this lady pro bono because I feel strongly that she needs to be defended,” the 70 year-old Penang-born senior lawyer was cited by The Star as saying. “I also feel that her appeal to the Court of Appeal needs to be heard expeditiously.”
Shafee’s offer came as news have surfaced that “bad advocacy on the part of the accused’s lawyer during the trial stage” may have cost the sales promoter/clerk “a permanent acquittal”.
In fact, a learned commentator in Malaysiakini further gave the following reaction after reading the brief grounds of judgment and sentencing by High Court Judge Datuk Abu Bakar Katar who on Wednesday (April 13) sentenced Sam, 27, to six years of imprisonment starting from the date of conviction aside from fining her RM6,000 in default six month’s imprisonment for reckless driving:
“The best defence would be for the defendant to testify under oath (secara bersumpah). I am wondering why the lawyers asked Sam to testify from the dock,” he pointed out.
“That means the prosecution cannot cross examine her. Sam had an iron clad case. By testifying from the dock, it seems she has something to hide. I think it is a bad call by the lawyers, a grave mistake. The judge rightfully condemned her on that.”
Abu Bakar had overturned two earlier judgements by the Magistrate’s Court which had on Oct 10 last year and September 2019 acquitted and discharged Sam for reckless driving in the accident where eight teenage cyclists aged between 13 and 16 on “basikal lajak” (modified bicycles) were killed at Jalan Lingkaran Dalam beside the Mahmoodiah cemetery near Johor Bahru at 3.20am on Feb 18, 2017.
Deliver message of justice
In Shafee’s view, Sam should be given leave to appeal and pending the appeal, a stay of conviction and sentence granted. “Bail must be given immediately,” The Star cited him as saying.
Sam’s appeal is set to be heard on Monday (April 18) at 9am at the Court of Appeal in Putrajaya, according to the website kehakiman.gov.my.
She has also asked the appellate court for a stay of sentence and to allow bail pending the appeal.
Her defence counsel Muhammad Faizal Mokhtar confirmed that a notice of motion to obtain leave to appeal and to stay the execution of her sentence was submitted to the Court of Appeal via e-filing on Thursday (March 14) morning.
“A certificate of urgency (to hear the case expeditiously) was also filed via e-filing,” Muhammad Faizal had said via a WhatsApp message.
Shafee said he hoped to deliver a message about justice with nothing to do about race or religion of Sam and the eight deceased teenagers.
“I really hope that she will be bailed out as she has begun to serve her six years’ jail,” The Star cited him as saying. “If bail is granted, she has a better prospect of preparing her appeal with her lawyers.”
Shafee who obtained Bachelor of Laws (LLB) from the Universiti Malaya in 1977 and Master of Laws (LLM) from the London School of Economics in 1984, is also the vice-president of Persatuan Alumni Rumpun Fakulti Undang-Undang Universiti Malaya. – April 16, 2022
