A saleswoman who caused the death of eight teenagers on modified bicycles (basikal lajak) due to reckless driving has been acquitted and discharged by the Magistrate’s Court.
The incident occurred on February 19, 2017.
The prosecution had failed to prove its case beyond reasonable doubt against Sam Ke Ting and the decision was made by magistrate Siti Hajar Ali.
“After examining all the evidence presented and considering the submissions of the deputy public prosecutor and the accused’s counsel at the end of the defence case, reasonable doubt arose.
“Hence, it has been decided that the prosecution had failed to prove the case beyond reasonable doubt. Therefore, the accused is acquitted and discharged at the end of the defence case,” she said.
Siti Hajar said that her decision weighed on the fact that the 26-year-old had no knowledge of the riding activities on modified bicycles in that area and that there was no warning of such activities.
Sam’s statement said that she was in the extreme left lane of the incident’s location on Jalan Lingkaran Dalam.
A study conducted by the Malaysian Institute of Road Safety found that her vehicle was either driven at 44.5km per hour or 75.8 km per hour.
Earlier this year in February, Sam was ordered by the high court to enter her defence after the prosecution proved a prima facie against her, which means “at first sight.”
A prima facie is a legal claim having enough evidence to proceed to trial or judgment. This set aside the order made by the magistrates’ court in October 2019 to acquit and discharge her.
The court has ordered Sam’s driving license, which had been suspended earlier, to be returned to her immediately.
The eight teenage victims were aged from 13 to 16 at the time of the incident. Sam was charged under Section 41 (1) of the Road Transport Act 1987 (Act 333) which carries a maximum jail term of 10 years and a fine of RM20,000, if convicted.