Trial: Grammar
Okumaya devam et...
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| Sam was charged with one count of reckless or dangerous driving resulting in death on 28 March 2018 in the Johor Bahru [[Judiciary_of_Malaysia#Magistrates_Courts|Magistrate Court]] where the court freed her on 28 October 2019 without calling her to enter defence.<ref>{{Cite web |date=2019-10-29 |title=JB cycling tragedy: Sales promoter acquitted of reckless driving |url=https://www.theborneopost.com/2019/...sales-promoter-acquitted-of-reckless-driving/ |access-date=2023-04-13 |website=Borneo Post Online |language=en-US}}</ref> The prosecution managed to appeal against the Magistrate court's court judgement in the Johor Bahru [[High court (Malaysia)|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.<ref>{{Cite web |title=Woman in fatal Mat Lajak accident told to enter defence after court overturns acquittal ruling |url=https://www.thestar.com.my/news/nat...efence-after-court-overturns-acquittal-ruling |access-date=2023-04-13 |website=The Star |language=en}}</ref> After going to trail, 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.<ref>{{Cite web |title=Court acquits and discharges saleswoman accused of reckless driving, killing 8 teens |url=https://www.thesundaily.my/local/co...of-reckless-driving-killing-8-teens-EG8448273 |access-date=2023-04-13 |website=www.thesundaily.my |language=en-MY}}</ref> 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.<ref>{{Cite web |last=cue |date=2023-04-11 |title=Malaysia court frees Sam Ke Ting who crashed into 8 teens racing on modified bikes in 2017 {{!}} The Straits Times |url=https://www.straitstimes.com/asia/s...s-driver-in-crash-that-killed-8-teen-cyclists |access-date=2023-04-14 |website=www.straitstimes.com |language=en}}</ref> | Sam was charged with one count of reckless or dangerous driving resulting in death on 28 March 2018 in the Johor Bahru [[Judiciary_of_Malaysia#Magistrates_Courts|Magistrate Court]] where the court freed her on 28 October 2019 without calling her to enter defence.<ref>{{Cite web |date=2019-10-29 |title=JB cycling tragedy: Sales promoter acquitted of reckless driving |url=https://www.theborneopost.com/2019/...sales-promoter-acquitted-of-reckless-driving/ |access-date=2023-04-13 |website=Borneo Post Online |language=en-US}}</ref> The prosecution managed to appeal against the Magistrate court's court judgement in the Johor Bahru [[High court (Malaysia)|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.<ref>{{Cite web |title=Woman in fatal Mat Lajak accident told to enter defence after court overturns acquittal ruling |url=https://www.thestar.com.my/news/nat...efence-after-court-overturns-acquittal-ruling |access-date=2023-04-13 |website=The Star |language=en}}</ref> After going to trail, 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.<ref>{{Cite web |title=Court acquits and discharges saleswoman accused of reckless driving, killing 8 teens |url=https://www.thesundaily.my/local/co...of-reckless-driving-killing-8-teens-EG8448273 |access-date=2023-04-13 |website=www.thesundaily.my |language=en-MY}}</ref> 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.<ref>{{Cite web |last=cue |date=2023-04-11 |title=Malaysia court frees Sam Ke Ting who crashed into 8 teens racing on modified bikes in 2017 {{!}} The Straits Times |url=https://www.straitstimes.com/asia/s...s-driver-in-crash-that-killed-8-teen-cyclists |access-date=2023-04-14 |website=www.straitstimes.com |language=en}}</ref> |
| The prosecution appeal 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.<ref>{{Cite web |last=Bernama |date=11 October 2021 |title="*****" to appeal against driver's acquittal in 'basikal lajak' case |url=https://www.freemalaysiatoday.com/c...inst-drivers-acquittal-in-basikal-lajak-case/ |url-status= |access-date=13 April 2023 |website=[[Free Malaysia Today]]}}</ref><ref>{{Cite web |title='Mat lajak' case: Saleswoman gets six years' jail, fined RM6,000 |url=https://www.thestar.com.my/news/nat...039-jail-fined-rm6000-in-fatal-mat-lajak-case |access-date=2023-04-13 |website=The Star |language=en}}</ref> 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.<ref>{{Cite web |title=It's jail, no bail for mat lajak deaths |url=https://www.thestar.com.my/news/nation/2022/04/14/its-jail-no-bail-for-mat-lajak-deaths |access-date=2023-04-13 |website=The Star |language=en}}</ref> 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.<ref>{{Cite web |last=ABAS |first=NORLIZAH |date=2022-04-18 |title=Basikal lajak: Ke Ting dibenar merayu, bebas dengan jaminan RM10,000 |url=https://www.utusan.com.my/nasional/...-dibenar-merayu-bebas-dengan-jaminan-rm10000/ |access-date=2023-04-14 |website=Utusan Malaysia |language=ms-MY}}</ref> | 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.<ref>{{Cite web |last=Bernama |date=11 October 2021 |title="*****" to appeal against driver's acquittal in 'basikal lajak' case |url=https://www.freemalaysiatoday.com/c...inst-drivers-acquittal-in-basikal-lajak-case/ |url-status= |access-date=13 April 2023 |website=[[Free Malaysia Today]]}}</ref><ref>{{Cite web |title='Mat lajak' case: Saleswoman gets six years' jail, fined RM6,000 |url=https://www.thestar.com.my/news/nat...039-jail-fined-rm6000-in-fatal-mat-lajak-case |access-date=2023-04-13 |website=The Star |language=en}}</ref> 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.<ref>{{Cite web |title=It's jail, no bail for mat lajak deaths |url=https://www.thestar.com.my/news/nation/2022/04/14/its-jail-no-bail-for-mat-lajak-deaths |access-date=2023-04-13 |website=The Star |language=en}}</ref> 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.<ref>{{Cite web |last=ABAS |first=NORLIZAH |date=2022-04-18 |title=Basikal lajak: Ke Ting dibenar merayu, bebas dengan jaminan RM10,000 |url=https://www.utusan.com.my/nasional/...-dibenar-merayu-bebas-dengan-jaminan-rm10000/ |access-date=2023-04-14 |website=Utusan Malaysia |language=ms-MY}}</ref> |
| After serving her jail sentence for five days, Sam finally obtained a stay of execution from the Court of Appeal on 18 April 2022.<ref>{{Cite web |last=Dorall |first=Anne |title=[Breaking] Sam Ke Ting Allowed To Leave Prison After Public Outrage Over 'Basikal Lajak' Court Ruling {{!}} TRP |url=https://www.therakyatpost.com/news/...blic-outrage-over-basikal-lajak-court-ruling/ |access-date=2023-04-13 |website=therakyatpost |language=en-US}}</ref> Upon leaving prison, Sam through her lawyer urged the public to avoid blaming the judiciary as criticizing court's ruling in Malaysia can amount to contempt of court which is a crime.<ref>{{Cite web |title=Mat lajak case: Don't blame the judiciary, says Sam |url=https://www.thestar.com.my/news/nat...jak-case-don039t-blame-the-judiciary-says-sam |access-date=2023-04-13 |website=The Star |language=en}}</ref> | After serving her jail sentence for five days, Sam finally obtained a stay of execution from the Court of Appeal on 18 April 2022.<ref>{{Cite web |last=Dorall |first=Anne |title=[Breaking] Sam Ke Ting Allowed To Leave Prison After Public Outrage Over 'Basikal Lajak' Court Ruling {{!}} TRP |url=https://www.therakyatpost.com/news/...blic-outrage-over-basikal-lajak-court-ruling/ |access-date=2023-04-13 |website=therakyatpost |language=en-US}}</ref> 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.<ref>{{Cite web |title=Mat lajak case: Don't blame the judiciary, says Sam |url=https://www.thestar.com.my/news/nat...jak-case-don039t-blame-the-judiciary-says-sam |access-date=2023-04-13 |website=The Star |language=en}}</ref> |
| 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 (Malaysia)|Criminal Procedure Code]] (CPC) which states that there should be separate charges for distinct offences.<ref>{{Cite web |last1=Palani |first1=Tarani |date=2023-04-11 |title=Sam Ke Ting walks free as Court of Appeal sets aside conviction in 'basikal lajak' case |url=http://www.theedgemarkets.com/node/662914 |access-date=2023-04-13 |website=The Edge Markets}}</ref>{{Blockquote|text=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.|author=COA judge Datuk Hadhariah Syed Ismail|source=<ref name="auto">{{Cite web |date=11 April 2023 |first1=Tarani |last=Palani |title='Basikal lajak': Sam Ke Ting apologises to families of deceased teens, says she's haunted by incident |url=http://www.theedgemarkets.com/node/662938 |access-date=2023-04-13 |website=The Edge Markets}}</ref>|style=}} | 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 (Malaysia)|Criminal Procedure Code]] (CPC) which states that there should be separate charges for distinct offences.<ref>{{Cite web |last1=Palani |first1=Tarani |date=2023-04-11 |title=Sam Ke Ting walks free as Court of Appeal sets aside conviction in 'basikal lajak' case |url=http://www.theedgemarkets.com/node/662914 |access-date=2023-04-13 |website=The Edge Markets}}</ref>{{Blockquote|text=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.|author=COA judge Datuk Hadhariah Syed Ismail|source=<ref name="auto">{{Cite web |date=11 April 2023 |first1=Tarani |last=Palani |title='Basikal lajak': Sam Ke Ting apologises to families of deceased teens, says she's haunted by incident |url=http://www.theedgemarkets.com/node/662938 |access-date=2023-04-13 |website=The Edge Markets}}</ref>|style=}} |
| 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 it is a matter of the 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. | 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.<ref>{{Cite web |title=Sam Ke Ting still haunted by the incident, even though a free woman now |url=https://www.thestar.com.my/news/nat...nted-by-incident-even-though-a-free-woman-now |access-date=2023-04-13 |website=The Star |language=en}}</ref><ref name="auto"/> | 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.<ref>{{Cite web |title=Sam Ke Ting still haunted by the incident, even though a free woman now |url=https://www.thestar.com.my/news/nat...nted-by-incident-even-though-a-free-woman-now |access-date=2023-04-13 |website=The Star |language=en}}</ref><ref name="auto"/> |
Okumaya devam et...