JOHOR BARU: The High Court here has sentenced the saleswoman involved in a 2017 road accident that resulted in the deaths of eight teenagers on modified bicycles, commonly known as "basikal lajak”, to six years' imprisonment.

       This came after the prosecution was successful in its second appeal against a Magistrate's Court decision to acquit and discharge Sam Ke Ting (pic), 27, in October last year on a charge of reckless or dangerous driving, resulting in the death of eight cyclists in Jalan Lingkaran Dalam, Johor Baru, at 3.20am on Feb 18, 2017.

       High Court Judge Abu Bakar Katar said the Magistrate’s Court erred in failing to decide on the respondent's defence without her being under oath.

       “The respondent, in her defence, stated that she did not see the group of cyclists at the scene and there was another vehicle that hit the deceased cyclists and drove off. This version was never raised by the respondent during the prosecution's case.

       “The Magistrate’s Court made a mistake when it accepted the respondent’s defence of not knowing there would be basikal lajak activity during the time of the incident as an excuse to drive dangerously, which resulted in the victims’ death,” he added.

       “The respondent should have driven vigilantly instead of driving fast and causing the incident, and should have realised that the area's lighting was not bright at around 3.20am,” he added.

       Abu Bakar said with limited visibility, the respondent should have been aware of road safety if she drove her car beyond the speed limit of 50kph before reaching the scene of the incident.

       On Oct 28, 2019, a Magistrate's Court here acquitted and discharged the saleswoman of the charge at the end of the prosecution’s case without calling for her defence.

       Abu Bakar added that the court found that the respondent, in her defence, failed to prove any doubt while the prosecution had proven reasonable doubt in its case.

       “With this, the High Court sets aside the earlier decision to acquit and discharge the respondent and finds her guilty under Section 41(1) of the Road Transport Act 1987,” he said.

       He then imposed the sentence on Sam at the High Court here on Wednesday (April 13), with the prison term to start from the date of conviction. Sam was also fined RM6,000 in default six months' jail.

       Abu Bakar also ordered that Sam could not hold a driving licence for at least three years after the end of her jail sentence and for the conviction to be recorded in her licence subsequently.

       Defence lawyer Muhammad Faizal Mokhtar urged the court to grant a stay of prosecution as they planned to take the case to the Court of Appeal.

       However, Abu Bakar rejected it, as they had yet to get approval from the Court of Appeal.

       Johor prosecution director Tengku Amir Zaki Tengku Abd Rahman and deputy public prosecutor Muhammad Syafiq Mohd Ghazali prosecuted.