PUTRAJAYA: Senior lawyer Datuk Hisyam Teh Poh Teik will be lead counsel for clerk Sam Ke Ting in her appeal against her conviction and sentence for reckless driving that killed eight cyclists on modified bicycles, commonly known as basikal lajak, in 2017.
Hisyam confirmed this to Bernama when contacted yesterday.
Previously, the late former Federal Court judge Datuk Seri Gopal Sri Ram was appointed to lead Sam’s defence team in her appeal. He died on Jan 29 this year.
A case management for Sam’s appeal was conducted before Court of Appeal deputy registrar Nurul Azrina Mohamed Yusof yesterday.
Hisyam said the hearing of Sam’s appeal would proceed on March 31.
Hisyam, together with Muhammad Faizal Mokhtar and Harvinder Singh Sidhu representing Sam, attended the case management while DPP Noor Hisham Jaafar appeared for the prosecution.
Harvinderjit Singh will be co-counsel in Sam’s appeal.
On Oct 28, 2018, the Johor Baru Magistrate’s Court freed Sam without ordering her to enter her defence over the charge of driving recklessly and causing the death of the teenagers at Jalan Lingkaran Dalam, Johor Baru, at 3.20am on Feb 18, 2017.
The eight teenagers killed 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.
In 2019, High Court judge Shahnaz Sulaiman allowed the prosecution’s appeal and remitted the case back to the Magistrate’s Court for Sam to enter her defence on the reckless driving charge.
Magistrate Siti Hajar Ali, who heard the case again in 2019, discharged and acquitted Sam at the end of the defence case, prompting the prosecution to file the second appeal to the High Court.
On April 13, 2022, High Court judge Datuk Abu Bakar Katar allowed the prosecution’s appeal and convicted Sam of driving recklessly and sentenced her to six years’ jail and a RM6,000 fine.
Sam obtained leave from the Court of Appeal on April 18 last year to appeal against her conviction and sentence.
The Court of Appeal also allowed Sam’s application to stay the execution of the jail sentence and released her on bail of RM10,000 in one surety pending the hearing of her appeal.
