Malaysian driver in crash that killed 8 teen cyclists released on bail, to appeal conviction
A Malaysian driver who was involved in a crash that killed eight teenagers riding modified bicycles in Johor five years ago has been released on bail and allowed to appeal her High Court conviction following public outcry surrounding her case.
Sam Ke Ting, who became the subject of intense scrutiny after she was jailed for six years over the crash that killed eight teenagers racing on public roads in the wee hours in 2017, was on Monday (April 18) morning granted leave to appeal her conviction with the Court of Appeal.
Sam, 27, who spent the last five days in jail after a High Court judge refused her a stay of execution, was also allowed bail of RM 10,000 with one surety until her appeal is exhausted.
A three-person Court of Appeal bench - sitting on short notice after Sam's lawyer filed a certificate of urgency - ruled unanimously in favour of Sam's applications on Monday.
The date of her appeal hearing is yet to be determined.
Sam is largely seen as a victim of circumstance in Malaysia after crashing into a group of dozens of teenagers racing on illegal bicycles - which had been modified by having brakes and lights removed and handlebars lowered - on a poorly-lit road at 3.20am on Feb 18, 2017. The eight who died were aged between 13 and 16.
She was charged with reckless driving and causing deaths, and was previously acquitted twice by the Magistrate's Court in 2019 and 2021. In her lower court trial, it was determined that she had not been driving under the influence, was alert on the wheel, and was possibly driving below the speed limit at the time of the crash.
Nevertheless, High Court judge Datuk Abu Bakar Katar found her guilty on Wednesday (Apr 13) after the government appealed her acquittal by the lower courts. She was sentenced to six years in jail and a fine of RM 6,000, both of which have been stayed by the Court of Appeal.
Her conviction drew widespread criticism from Malaysians who said it sent the wrong message that racing illegal bicycles on highways was now being seen as acceptable by law.
At least 10 petitions were started to demand justice for Sam on change.org since Apr 13, and the top two petitions drew more than 1.7 million signatures collectively.
The opposition Democratic Action Party and government party Malaysian Chinese Association (MCA) had both offered legal aid to Sam.
Shafee Abdullah, the lawyer of Malaysia's former Prime Minister Najib Razak, had also offered his legal services to Sam pro bono.
"I feel strongly that she needs to be defended," he was quoted as saying by The Star on Saturday.
Transport Minister Wee Ka Siong, who is the president of MCA, on Saturday bemoaned the amount of criticism he was receiving due to Sam's conviction. Datuk Seri Wee said that while his Ministry is in charge of the laws relating to road offences, the enforcement falls into the hands of the police.
"Cursing or blaming the Minister or Ministry of Transport won't change this," he said. Mr Wee has been Transport Minister since 2020, and said he had previously amended laws to make illegal bicycle racing punishable with a mandatory jail sentence for parents of under-age kids.
However, he said that the law could not be applied retrospectively since Sam's crash occurred in 2017.
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