There is no denying there are emotions attached to this case, but justice needs to be upheld. Truth and facts cannot be ignored. The tragic incident happened on the road after 3am. Roads are for cars, not ‘basikal lajak’. Especially not for minors on their own.
– Muhammad Affin, initiator of ‘Justice for Sam Ke Ting petition’
Vroom! Vroom! Vroom!
It is one o’clock in the morning, and at least once a week, I can hear the brutal sound of motorbikes with their modified exhaust zooming up along the main road near my home. This can, on occasions, go on for an hour or so.
Our homes are meant to be our castles where we go to rest, unwind and have a good sleep to get us ready for the next day. However, the noise pollution from the motorbikes of the mat rempits does not allow this peace and quiet.
I have also come across these mat rempits in front of my car and have been swamped by them from all sides as they go past.
One of them even did a sudden U-turn on a one-way road in front of me in one particular incident, causing me to serve to avoid him. Fortunately, I did not hit other road users in the process.
Social media is nowadays full of dashcam footage about the antics of these irresponsible riders.
I am sharing the above experience due to the recent cases of ‘basikal lajaks’ (illegally modified bicycles). This is trending news, and sadly, there have been some deaths due to accidents.
These ‘basikal lajaks’ are modified bicycles where the handlebars are level with the seat and without lights and brakes. The teenagers then ride along the roads and highways with total disregard to other road users or bystanders.
One such accident occurred in Johor Baru on February 18, 2017 at around 3.20am. A lady, Sam Ke Ting aged 22, while driving her car, encountered a group of about 30 teenagers on a highway who were riding their illegally modified bicycles. Unfortunately, in this accident, eight teenagers, aged 13 to 16, died after being run over by her car.
Subsequently, Sam was charged with driving recklessly or dangerously. However, she was acquitted twice by the Magistrate’s Court.
In a very comprehensive decision, magistrate Siti Hajar Ali cleared Sam of wrongdoing.
The magistrate also added that the ‘basikal lajak’ gang members had instead put themselves in danger.
The magistrate also stated that investigations found that Sam was not under the influence of alcohol, was not using her phone, had worn a seatbelt and was driving within the speed limit.
One would have thought that the matter would have ended there as it was a clearcut decision supported by many facts and that justice had been done.
However, the prosecution appealed for some reason (with much speculation as to why?) A few days ago, the High Court passed a devastating judgment convicting Sam, now aged 27.
The sentence was six years’ jail time without bail and a RM6,000 fine.
This has led to the uproar about our nation’s low standards of judicial decisions, with allegations of decisions being coloured by racial sentiments.
Fortunately, the Court of Appeal has allowed clerk Sam Ke Ting to be freed on bail of RM10,000 in one surety, pending her bid for leave to appeal against her conviction and sentence.
Lord Hewart who is famous for his book ‘The New Despotism’ published in 1929 and was the Lord Chief Justice of England stated in one of his decision, “It is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done.”
Based on the public outcry across all communities in Malaysia, many do not see justice to be done.
In his farewell address, Justice J.R. Midha, a former Judge of Delhi High Court on July 7, 2021, stated that “in Court of Justice, both the parties know the truth, it is the judge, who is on trial”.
There seems to be a difference between a Court of Law and a Court of Justice.
Now, I totally sympathise with the parents of the teenagers who lost their beloved children. Their loss must be unbearable.
In the meantime, the issue of mat rempits and bicycle lajaks seems to carry on unabated. All the relevant government enforcement agencies urgently need to effectively stop these dangerous riding activities.
Like many people, I wonder why the parents are unaware that their kids have unsafe modified bicycles without lights and brakes. I am sure in most cases, these modified bicycles are kept at home.
Indeed, the parents must be aware of this fact and their children’s risk. This further begs the question of why their parents allow them to use these bicycles at all, let alone use them in the wee hours. Should the parents also not be held responsible?
I hope that justice will be served up at the Court of Appeal for Sam. Otherwise, you or I could be next in line – to not receive justice.
The views expressed here are those of the columnist and do not necessarily represent the views of New Sarawak Tribune.
