Outcry over jail for driver in crash that killed 8 riding brake-less bikes
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A Malaysian driver's imprisonment over a highly publicised road accident that killed eight teenagers riding modified bicycles on a highway has once again sparked an uproar in Malaysia, more than five years after the accident.
Sam Ke Ting, then 22, crashed her car into a group of teenage cyclists who were riding modified bicycles on a highway in Johor Baru at 3.20am on Feb 18, 2017.
Eight of them - aged between 13 and 16 - died, triggering a debate on the act of riding modified bicycles dangerously on a public road.
Known as basikal lajak, the modified bicycles generally do not have lights and brakes.
Despite being acquitted twice on the charges of reckless driving and causing the deaths, Sam, now 27, was convicted by the High Court in Johor Baru on Wednesday and was denied bail.
Sam, who worked as a clerk, started serving her sentence immediately after the six-year prison term was handed down by High Court Judge Abu Bakar Katar, who said in his judgment that she was at fault for driving fast in a badly lit road.
This is despite the Magistrate's Court ruling previously that she was not driving under the influence of alcohol, was not distracted and was possibly driving under the road's speed limit.
The High Court judge rejected Sam's appeal for stay of the sentence as the defence has yet to receive approval from the Court of Appeal.
She will remain in prison until the court grants her leave to appeal against her conviction.
Her lawyer, Mr Muhammad Faizal Mokhtar, told The Star newspaper yesterday that he had begun the appeal process.
He also acknowledged the public support for Sam since her imprisonment.
"Thanks for all the support shown to Sam," he was quoted as saying.
Her conviction triggered an immediate uproar, with the opposition Democratic Action Party and the Malaysian Chinese Association offering her legal aid to further her case.
Two online petitions seeking justice for Sam had collectively amassed more than 950,000 signatures in just over 24 hours.
Malaysians question whether the act of riding modified bicycles, mostly involving teenagers, is now seen as acceptable.
Youngsters tend to gather in a big group to ride on public roads.
The group involved in the crash reportedly had up to 30 teenagers.
"The High Court judge has opened the floodgates to say that basikal lajak and the parents of these kids have done no wrong," said Twitter user Mengo Yee.
"The onus is on the road users to take care of the safety of these kids."
Another Twitter user Farhan wrote: "I sympathise with the families for the loss of the children, but a lot has to be asked about why these kids were out on public roads at 3am in the morning without adult supervision."
The Malaysian Institute of Road Safety Research said that parents should not allow their children to participate in such activities on a highway.
"This is something that we should not support. The highway is not built for bicycle racing," said its chairman, Professor Wong Shaw Voon, as quoted in The Star.
Some critics including opposition MPs have objected to the judge's denial of bail for Sam, pointing to former premier Najib Razak, who was granted bail pending an appeal against his graft conviction.
Najib on Wednesday urged all parties not to compare his conviction with that of Sam's and not to racialise the issue.
Sam is Chinese while the teenagers who died were Malays.
Long battle in court
Feb 18, 2017: Sam Ke Ting, then 22, crashes her car into a group of teens riding modified bikes without brakes in Johor Baru at 3.20am. Eight die.
March 2017: Sam is charged with reckless driving and causing the deaths of the teens. If found guilty, she faces up to 10 years in prison and a fine of up to RM20,000 (S$6,400).
Oct 2019: Sam is acquitted by a Magistrate's Court without being called to enter her defence.
Feb 2021: The prosecution appeals to the High Court, which rules that it had established a prima facie case and that Sam should enter her defence.
Oct 2021: The Magistrate's Court again acquits Sam after hearing her defence. It rules that she was not driving under the influence of alcohol, was not distracted and was possibly driving under the speed limit. The prosecution appeals to the High Court.
April 13, 2022: Sam is given six years' jail and a fine of RM6,000.
