THE High Court in Johor Baru today sentenced a female clerk to six years’ jail and a RM6,000 fine after finding her guilty of reckless driving which caused the death of eight teenage cyclists five years ago.

Judge Abu Bakar Katar ordered Sam Ke Ting, 27, to serve her jail sentence starting from today.

She was disqualified from driving for three years and must serve another six months in jail if she failed to pay the fine.

In his judgment, the judge said the defence failed to raise any reasonable doubt against the prosecution’s case which had clearly proved the essence of the offence.

“The woman’s act of driving recklessly or dangerously has resulted in the loss of eight lives. In the sentencing, this court follows a precedent which takes into account the number of victims involved,” he said.

Today’s judgement set aside the Magistrate’s Court’s decision on October 10 last year to acquit and discharge the woman of the charge.

However, upon appeal from the prosecution, the High Court had, in February 2021, ordered the woman to enter her defence.

Abu Bakar, when reading his decision in allowing the appeal, said the court was satisfied that all the essence of the offence under Section 41 (1) of the Road Transport Act 1987 had been successfully proven.

He said the trial court had erred when it failed to decide whether the woman’s defence in her unsworn statement was a mere denial or an after-thought.

“In her defence, the woman said that she did not see the group of cyclists at the scene and that there was another vehicle that hit the victims and sped away. This version was never raised by the respondent during the prosecution case,” he said.

The judge said the trial court erred when it failed to consider that the woman’s defence did not raise any reasonable doubt over the prosecution’s case for the charge of reckless driving given the winding and slightly hilly road conditions.

“The trial court erred in accepting the defence, which said she was unaware of the cycling activity on the night of the incident as an excuse to drive her car in a reckless manner to the extent of causing the death of the victims.

“The respondent should have driven her car more carefully, not recklessly. She should have known that the street will not be brightly lit at 3.20am.”

Earlier, the prosecution pressed for an appropriate punishment by taking into consideration the principle of public interest.

However, the woman, represented by lawyer Muhammad Faizal Mokhtar, requested a lighter penalty as it is her first offence and she still has parents to support and care for.

Sam was charged with reckless driving, causing the death of eight teenage cyclists at the Middle Ring Road at 3.20am on February 18, 2017.

The victims were Mohamad Azrie Danish Zulkefli, 14; Muhamad Shahrul Izzwan Azzuraimie, 14; Muhammad Firdauz Danish Mohd Azhar, 16; Fauzan Halmijan, 13; Mohamad Azhar Amir, 16; Muhammad Harith Iskandar Abdullah, 14; Muhammad Shahrul Nizam Marudin, 14 and Haizad Kasrin, 16. – Bernama, April 13, 2022.