Trial of Sam Ke Ting

Last updated
Trial of Sam Ke Ting
Date18 February 2017 (2017-02-18)
Time03:20 MYT (21:20 UTC)
Location Johor Bahru Inner Ring Road, Johor Bahru, Johor, Malaysia
Coordinates 1°27′55″N103°44′52″E / 1.4652°N 103.7478°E / 1.4652; 103.7478
Also known as
  • Basikal lajak case
  • Public Prosecutor v. Sam Ke Ting
Deaths8
Non-fatal injuries2 serious, 6 light injuries
Suspects1（Sam Ke Ting）
ChargesCausing death by reckless and dangerous driving
VerdictAcquitted

The modified bicycle (Malay: Basikal Lajak) case is a traffic accident that took place on 18 February 2017 in Johor Bahru, Malaysia. Then 22-year-old Sam Ke Ting ploughed into a group of teenagers in modified bicycles, resulting in the death of 8 teenagers and injuries to another 8. [1] Sam was charged with recklessly and dangerous driving causing death.

Contents

The accident quickly gained widespread public attention in the country about the issue of modified bicycles on the road. There were also extensive public debates if the parents of the teenage victims should be held responsible for their lack of supervision. The case also resulted in a blanket ban on all powered micro-mobility devices in 2022. [2]

Sam was found guilty of her charges by the Johor Bahru High Court on 13 April 2022 and was served a six years jail sentence and an MYR6000 fine. [3] However, she was acquitted by the Court of Appeal (COA) on 11 April 2023.

History

Background

The modified bicycles (Malay: Basikal Lajak) refers to fixed-gear bicycles that had been heavily modified with shorter handlebar and stem than ordinary bicycles. The wheels are also replaced with plastic sports wheels which allow the bicycle to be ridden at a higher speed than usual. This kind of modified bicycle is popular among teenagers and children in Malaysia and can be easily obtained from online shopping platforms or modified in local bicycle shops. They would race their bicycles downhill in groups along public roads and highways usually at midnight when there is little traffic. Upon reaching high speeds, the riders usually switch into the "Superman position" or the planking posture where they lie down with their abdomen on the saddle and legs extended backwards. [4]

While most attribute the issue of illegal street racing using modified bicycles to the lack of supervision from parents, some argue that this is the result of urban development encroaching on the recreational space of teenagers and children. [5]

Accident

On 18 February 2017 at 3:20 a.m., Sam Ke Ting (aged 22 at the time) was driving along the Inner Ring Road in Johor Bahru when she ran over a group of teenagers riding modified bicycles, causing 8 deaths. The area was said to have low visibility and dim street lighting. The dead victims were Mohamad Azrie Danish Zulkefli, Muhamad Shahrul Izzwan Azzuraimie, Muhammad Harith Iskandar Abdullah and Muhammad Shahrul Nizam Marudin, all aged 14; Muhammad Firdauz Danish Mohd Azhar, Mohamad Azhar Amir and Haizad Kasrin, all aged 16; and Fauzan Halmijan, 13, who is the youngest victim to die.

Trial

Sam was charged with one count of reckless or dangerous driving resulting in death on 28 March 2018 in the Johor Bahru Magistrate Court where the court freed her on 28 October 2019 without calling her to enter defence. [6] The prosecution managed to appeal against the Magistrate court's court judgement in the Johor Bahru High Court and Sam was asked to enter her defence in February 2021 in the Magistrate court where she pleaded not guilty to the charges. [7] After going to trial, the same Magistrate court again acquitted Sam in October 2021 as Judge Siti Hajar Ali deemed it unsafe to convict Sam due to prosecution's failure to prove its case beyond reasonable doubt. [8] The court also determined that Sam was not driving under the influence of alcohol, was alert at the wheel, and possibly under the speed limit at the time of the crash. [9]

The prosecution appealed a second time to the Johor Bahru High Court which allowed the appeal and convicted Sam of reckless driving on 13 April 2022, sentencing her to six years in jail and a RM6000 fine. [10] [11] The High Court also rejected a request for stay of execution pending appeal to higher court and ordered Sam to serve her jail sentence immediately. [12] The High Court claimed that Sam failed to convince the Judge that she was not driving dangerously and that not knowing about the modified bicycle activity do not amount to the justification to drive dangerously. In response to Sam's claim that the road have poor lighting conditions, the court ruled that she should've driven more carefully under said condition. [13]

After serving her jail sentence for five days, Sam finally obtained a stay of execution from the Court of Appeal on 18 April 2022. [14] Upon leaving prison, Sam through her lawyer urged the public to avoid blaming the judiciary, as criticizing a court's ruling in Malaysia can amount to contempt of court. [15]

On 11 April 2023, the Court of Appeal reached a unanimous decision in a three-member panel led by COA Judge Datuk Hadhariah Syed Ismail to overturn High Court's ruling and set aside Sam's conviction. The Court ruled that the charge brought upon Sam was defective and illegal as Sam was charged with "Causing death by reckless and dangerous driving" while Section 41(1) of the Road Transport Act 1987 states that reckless driving and dangerous driving are two separate violations. Since Sam was effectively charged with two separate offenses under one charge, it violates Section 163 of the Criminal Procedure Code (CPC) which states that there should be separate charges for distinct offences. [16]

In this case, the charge is not correct. The conviction (based on a defective charge) is also incorrect. So both (are) not according to the law. (It) is the appellant's right, under the law, to claim the charge must be correct, that the conviction must be correct. On this ground alone, the appellant's appeal is allowed. The High Court decision dated April 13, 2022 on the conviction and sentence is set aside. The appellant is acquitted and released. You are now a free person.

— COA judge Datuk Hadhariah Syed Ismail, [17]

The Judge also cited the Magistrate court's judgement, that "the only way to avoid the accident was if the car flew over the cyclists" as a finding of fact that there was no possible way for Sam to avoid the group of "30 to 40 bicycles". Since the trial started in the magistrate court, the prosecution had exhausted the avenues for appeal and the ruling by the Court of Appeal is final.

After her acquittal, Sam held a brief press conference with her lawyer before leaving the court complex. Sam read out the names of the deceased victims and apologize to their families, saying that she sympathizes with their suffering and that the tragedy was not intentional. [18] [17]

Reactions

The prosecution's success in convicting Sam in the Johor Bahru High Court was mainly attributed to her giving new, non-cross-examined details to the court, otherwise known as the afterthought defence, in an unsworn statement. This might have hurt her credibility in the eyes of the judge. [19] According to the law, the accused have the right to give an unsworn statement from the dock which cannot be the subject of cross-examination, but the statement will not carry the same evidential weight as the evidence given under oath. It is up to the court's discretion to decide the weight an unsworn deserves or not at all, after taking the whole evidence into consideration. [20]

Civil society

The ruling by the Johor Bahru High Court to overturn the Magistrate Court's acquittal was faced with public backlash, with two online petitions on Change.org seeking 'justice' for Sam amassing 950,000 signatures collectively in 24 hours. [21] One of the petitions cited the magistrate 2019 judgement that “Sam was not under the influence of alcohol, was not using her phone and had her seatbelt on while driving, proving that she was driving responsibly and carefully, but it was a dark, hilly and winding road where the driver could not foresee that there would be a bicycle gang on the road at 3am in the morning.” [22]

In general, the Chinese community mainly attribute the tragedy to the lack of behavioural education, [23] [24] flawed road designs [25] and the lax enforcement towards modified bicycle by the authority, [26] with most discussion focusing on the topic of parental responsibilities. [27] The Malay community on the other hand zooms in on the social problems faced by teenagers, [28] and believe that the case had created racial tension in society [29] while agreeing that the authority should better enforce modified bicycles and educate teenagers against such activities. [30]

Related Research Articles

<span class="mw-page-title-main">Johor Bahru</span> State capital city and district capital in Johor, Malaysia

Johor Bahru, colloquially referred to as JB, is the capital city of the Malaysian state of Johor. It is the core city of Johor Bahru District, Malaysia's second-largest district by population and the second-largest national GDP-contributor among the country's major cities. The city proper covers an area of 391.25 km2 and had a population of 858,118 people as of 2020. It is located at the southern end of the Peninsular Malaysia, along the north bank of the Straits of Johor, facing the city-state of Singapore.

<span class="mw-page-title-main">Johor Bahru District</span> District in Johor, Malaysia

The Johor Bahru District is a district located in the southern part of Johor, Malaysia. It covers an area of 1,063.97km2 and has a population of 1.8 million, making it the second largest district in Malaysia by population. The district capital is Johor Bahru City and the administrative capital is Iskandar Puteri City. The district borders Pontian District on the west, Kota Tinggi District on the east, Kulai District on the north and Straits of Johor to the south. The urban centres are divided into the cities of Johor Bahru, Iskandar Puteri and Pasir Gudang.

<span class="mw-page-title-main">Pontian District</span> District in Johor, Malaysia

Pontian District is a district located in southwest part of the Malaysian state of Johor. It borders Batu Pahat and Kluang Districts to the north and Kulai and Johor Bahru Districts to the east.

<span class="mw-page-title-main">Azalina Othman Said</span> Malaysian politician and lawyer

Azalina binti Othman Said is a Malaysian politician and lawyer who has served as the Minister in the Prime Minister's Department in the Barisan Nasional (BN) administration under former Prime Minister Najib Razak from July 2015 to the collapse of the BN administration in May 2018 and in the Anwar Ibrahim Cabinet since December 2022 as well as the Member of Parliament (MP) for Pengerang since March 2004. She served as the Special Advisor to Prime Minister Ismail Sabri Yaakob on Law and Human Rights from September 2021 to her resignation in August 2022, Deputy Speaker of the Dewan Rakyat II from July 2020 to her resignation in August 2021, Minister of Tourism from March 2008 to April 2009 and the Minister of Youth and Sports from March 2004 to March 2008 in the BN administration under former Prime Ministers Abdullah Ahmad Badawi and Najib Razak and Chairperson of the National Film Development Corporation from June 2015 to her ministerial appointment in July 2015. She created history by being the first female deputy speaker. She is a Member of the Supreme Council and Division Chief of Pengerang of the United Malays National Organisation (UMNO), a component party of the BN coalition. She also served as the Information Chief of UMNO since March 2023 and as the 1st Women Youth Chief of UMNO from April 2001 to September 2004.

<span class="mw-page-title-main">KTM Intercity</span> Malaysian intercity train services

KTM Intercity are diesel-hauled intercity train services in Peninsular Malaysia, operated by Keretapi Tanah Melayu Berhad (KTMB). Services operate along the East Coast Line between Tumpat and Gemas and on towards JB Sentral on the West Coast Line. The former Intercity services along the West Coast Line between Padang Besar in the north and Gemas have been converted to the KTM ETS service.

<span class="mw-page-title-main">Mohamad Hasan (politician)</span> Malaysian politician

Mohamad bin Hasan, familiarly known as Tok Mat or Mat Hasan, is a Malaysian politician who has served as the Minister of Foreign Affairs in the Unity Government administration under Prime Minister Anwar Ibrahim since December 2023. He served as the Minister of Defence in the PH administration under Prime Minister Anwar from December 2022 to December 2023. He has also served as the Deputy Chairman of Barisan Nasional (BN) and Deputy President of the United Malays National Organisation (UMNO) since June 2018, the Member of Parliament (MP) for Rembau since November 2022 as well as Member of the Negeri Sembilan State Legislative Assembly (MLA) for Rantau from March 2004 to February 2019 and again since April 2019. He served as the 10th Menteri Besar of Negeri Sembilan from March 2004 to May 2018 and Leader of the Opposition of Negeri Sembilan from July 2018 to February 2019 and again from April 2019 to July 2023. He was also the State Chairman of BN and UMNO of Negeri Sembilan.

<span class="mw-page-title-main">Kulai District</span> District in Johor, Malaysia

The Kulai District is a district in the state of Johor, Malaysia. Its district capital is Kulai Town. It covers Kulai Town, Ayer Bemban, Bandar Putra Kulai, Bukit Batu, Indahpura, Bandar Baru Kangkar Pulai, Kelapa Sawit, Saleng, Sedenak, Seelong, Senai, and Sengkang. Kulai is also within Iskandar Malaysia economic zone.

<span class="mw-page-title-main">Iskandar Malaysia</span> Special economic zone in Johor, Malaysia

Iskandar Malaysia, formerly known as Iskandar Development Region and South Johor Economic Region, is the main southern development corridor in Johor, Malaysia. It was established on 8 November 2006.

Mohamed bin Rahmat was a Malaysian politician, and former Information Minister of Malaysia. He was famously known as Tok Mat, Mat Setia and Mat Mr Propaganda.

<span class="mw-page-title-main">Johor</span> State of Malaysia

Johor is a state of Malaysia in the south of the Malay Peninsula. It borders with Pahang, Malacca and Negeri Sembilan to the north. Johor has maritime borders with Singapore to the south and Indonesia to the east and west. As of 2023, the state's population is 4.09 million, making it the second most populous state in Malaysia, after Selangor. Johor Bahru is the capital city and the economic centre of the state, Kota Iskandar is the state administrative centre and Muar serves as the royal capital.

<span class="mw-page-title-main">Kota Tinggi District</span> District in Johor, Malaysia

Kota Tinggi District is a district in the Malaysian state of Johor. It is the largest district in the state with an area of 3,488.7 square kilometres (1,347.0 sq mi). The population was 222,382 in 2020. The principal town is Kota Tinggi.

Mohd Azinee Bin Taib is a former Malaysian footballer who is playing as an attacking midfielder. He is well known for his speed and technical ability, as well as the powerful shot from distance.

<span class="mw-page-title-main">Johor Bahru (federal constituency)</span> Federal constituency in Johor, Malaysia

Johor Bahru is a federal constituency in Johor Bahru District, Johor, Malaysia, that has been represented in the Dewan Rakyat since 1955 to 1959 and 1974 to present.

Azahar bin Mohamed is a retired Malaysian judge and lawyer who served as the 12th Chief Judge of the High Court of Malaya from August 2019 to his retirement in October 2022.

The COVID-19 pandemic in Johor, Malaysia started on 25 January 2020 when three Chinese tourists from Wuhan, the source of the outbreak, was tested positive in Iskandar Puteri. As of 24 October 2021, Johor confirmed more than 210,000 cases and over 3,500 deaths. Johor ranked third in the highest number of confirmed cases among any state in Malaysia, just behind Selangor and Sarawak

Jimmy Puah Wee Tse is a Malaysian politician and lawyer who has served as the Member of Parliament (MP) for Tebrau since November 2022. He served as a Member of the Johor State Executive Council (EXCO) in the Pakatan Harapan (PH) state administration under former Menteris Besar Osman Sapian and Sahruddin Jamal from May 2018 to the collapse of the PH state administration in February 2020i and Member of the Johor State Legislative Assembly (MLA) for Bukit Batu from May 2013 to March 2022. He is a member and Division Chief of Pulai of the People's Justice Party (PKR), a component party of the PH and formerly Pakatan Rakyat (PR) coalitions.

Events in the year 2022 in Malaysia.

Ahmad Perang was the second chairman of the Election Commission of Malaysia. He became the first Malayan Railway manager among the Malays.

<span class="mw-page-title-main">Murder of Dirang</span> 2012 abduction, rape and murder of a girl in Malaysia

On 1 March 2012, in Johor, Malaysia, four-year-old Nurul Nadirah Abdullah, better known by her nickname Dirang, was abducted before she was raped and murdered by her captor at an oil plantation in Bandar Seri Alam, Masai. The burnt remains of Dirang, who was three months away from her fifth birthday, was eventually found at the plantation a week after her disappearance. The crime and its brutality caused shock to the public at the time it happened.

References

  1. ↑ Chuah, Bee Kim (13 April 2017). "Johor teen cyclists deaths: Re-mention fixed for May 17". New Straits Times . Retrieved 13 April 2023.
  2. ↑ Wong, Alexander. "Wee Ka Siong: Moped and eScooters banned from public roads, but not bicycles and eBikes". SoyaCincau. Retrieved 2023-04-13.
  3. ↑ Tan, Ben (2022-04-13). "Woman previously acquitted of reckless driving now gets six years' jail for mowing down eight teens on JB road". Malay Mail. Retrieved 2023-04-13.
  4. ↑ Loheswar, R. (2022-04-20). "No brakes, no lights: As 'basikal lajak' issue resurfaces, cyclists warn against danger of modified bicycles sharing roads with motorists". Malay Mail. Retrieved 2023-04-13.
  5. ↑ BBK Network (22 May 2022). "嘲笑了蚊型脚车，然后呢？大马城市化如何侵占乡村与青年休闲区？【议题爆爆看】". YouTube (Video) (in Chinese). Retrieved 13 April 2023.
  6. ↑ "JB cycling tragedy: Sales promoter acquitted of reckless driving". Borneo Post Online. 2019-10-29. Retrieved 2023-04-13.
  7. ↑ "Woman in fatal Mat Lajak accident told to enter defence after court overturns acquittal ruling". The Star. Retrieved 2023-04-13.
  8. ↑ "Court acquits and discharges saleswoman accused of reckless driving, killing 8 teens". The Sun. BERNAMA. 10 October 2021. Retrieved 2023-04-13.
  9. ↑ "Malaysia court frees Sam Ke Ting who crashed into 8 teens racing on modified bikes in 2017 | The Straits Times". The Straits Times. 2023-04-11. Retrieved 2023-04-14.
  10. ↑ Bernama (11 October 2021). "AG to appeal against driver's acquittal in 'basikal lajak' case". Free Malaysia Today . Retrieved 13 April 2023.
  11. ↑ "'Mat lajak' case: Saleswoman gets six years' jail, fined RM6,000". The Star. Retrieved 2023-04-13.
  12. ↑ "It's jail, no bail for mat lajak deaths". The Star. Retrieved 2023-04-13.
  13. ↑ Abas, Norlizah (2022-04-18). "Basikal lajak: Ke Ting dibenar merayu, bebas dengan jaminan RM10,000" [Basikal lajak: Ke Ting allowed to appeal, released on RM10,000 bail]. Utusan Malaysia (in Malay). Retrieved 2023-04-14.
  14. ↑ Dorall, Anne (18 April 2022). "[Breaking] Sam Ke Ting Allowed To Leave Prison After Public Outrage Over 'Basikal Lajak' Court Ruling | TRP". The Rakyat Post. Retrieved 2023-04-13.
  15. ↑ Hamdan, Nurbaiti (18 April 2022). "Mat lajak case: Don't blame the judiciary, says Sam". The Star. Retrieved 2023-04-13.
  16. ↑ Palani, Tarani (2023-04-11). "Sam Ke Ting walks free as Court of Appeal sets aside conviction in 'basikal lajak' case". The Edge Markets. Retrieved 2023-04-13.
  17. 1 2 Palani, Tarani (11 April 2023). "'Basikal lajak': Sam Ke Ting apologises to families of deceased teens, says she's haunted by incident". The Edge Markets. Retrieved 2023-04-13.
  18. ↑ "Sam Ke Ting still haunted by the incident, even though a free woman now". The Star. Retrieved 2023-04-13.
  19. ↑ Iman, Kyle (2022-04-15). "Here's the real reason why the High Court reversed the basikal lajak decision". Cilisos. Retrieved 2023-04-14.
  20. ↑ Hassan, Hafiz (16 April 2022). "What is reckless driving?". Free Malaysia Today . Retrieved 16 April 2022.
  21. ↑ Anand, Ram (2022-04-14). "Jail sentence over bicycle crash that killed 8 stirs uproar in Malaysia | The Straits Times". The Straits Times. Retrieved 2023-04-13.
  22. ↑ LIM, IDA (2022-04-14). "Online petitions seeking justice for Sam Ke Ting in Johor 'basikal lajak' case amass over 250,000 signatures in hours". Malay Mail. Retrieved 2023-04-14.
  23. ↑ 谢晶晶 (2022-06-19). "谢晶晶：沈可婷与蚊型脚车一案——谁是鲁莽司机？ | 八方论见 | 评论 | 東方網 馬來西亞東方日報" [The Case of Sam Ke Ting and Basikal Lajak —— Who is the Reckless Driver?]. Oriental Daily News (in Simplified Chinese). Archived from the original on 2022-06-19. Retrieved 2023-04-14.
  24. ↑ 陈锦松 (26 April 2022). "陈锦松：以危险刺激唤醒存在感——飙车族的死亡游戏 | 名家 | 评论 | 東方網 馬來西亞東方日報" [Self-Identity through Dangerous Adrenaline — Mat Rempit's Game of Death]. Oriental Daily News (in Simplified Chinese). Archived from the original on 2022-06-19. Retrieved 2023-04-14.
  25. ↑ 王祖训 (2 December 2019). "从蚊型脚车意外反思道路规划" [Reflecting Road Planning from the Basikal Lajak Case]. MalaysiaKini (in Simplified Chinese). Archived from the original on 2022-06-19. Retrieved 2023-04-14.
  26. ↑ "釜底抽薪对治蚊型脚车风/南洋社论". Nanyang Siang Pau (in Simplified Chinese). 2022-04-21. Retrieved 2023-04-14.
  27. ↑ "沈可婷之罪/南洋社论" [The Sin of Sam Ke Ting]. Nanyang Siang Pau (in Simplified Chinese). 2022-04-15. Retrieved 2023-04-14.
  28. ↑ Samad, Joe (17 April 2022). "Why should one person bear blame for bored youth?". Free Malaysia Today . Retrieved 17 April 2022.
  29. ↑ Abdul Razak, Dzulkifli (25 April 2022). "Viewing 'basikal lajak' case through racial lens clouds issues of life, freedom". New Straits Times. Archived from the original on 2022-06-19. Retrieved 2022-06-19.
  30. ↑ "YOURSAY | Can we end Mat Rempit, Mat Lajak menace?". MalaysiaKini. 25 April 2022. Archived from the original on 2022-06-19. Retrieved 2023-04-14.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.