In April 2023 we learned that the Court of Appeal had unanimously agreed to free clerk Sam Ke Ting in the case involving modified bicycles, or basikal lajak, from six years ago.

The 20 page grounds of judgement for the Sam Ke Ting basikal lajak case appeal has been uploaded to the eJudgement portal, in case anyone is interested to read it.

The court held that the charge against Sam was defective, with a three-member panel led Justice Hadhariah Syed Ismail deciding to grant her appeal to set aside her conviction and sentence under Section 41(1) of the Road Transport Act 1987.

In the grounds of judgement, it is mentioned that driving fast or being unable to brake in time in a dangerous situation does not necessarily mean a person was driving dangerously.

Sam Ke Ting was originally freed from a charge of reckless driving by the magistrates’ court in Johor Bahru in October 2019. She was acquitted and discharged at the end of the prosecution’s case without having her called to the stand for her defence.

Following this, the attorney-general’s chambers appealed against the decision to acquit Sam, and the Johor Bahru High Court ordered her to enter her defence on February 18, 2021.

A year later, Sam was found guilty by the High Court and began serving her sentence although she would later be granted leave to appeal to the Court of Appeal a week after being initially turned down.

If you don’t already have one, get a dashcam installed to protect yourself so you have solid evidence to use in case something like this ever happens to you, and always be alert on the road.

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