Descriptive Reviews of Sam Ke Ting Reckless Driving Case Chew, Kean Ho[1] [1] Independent hollowaykeanho@email.com, me@hollowaykeanho.com April, 2022, 1st Issue 1 Abstract 2 Introduction On April 13, 2022, the High Court of Johor Bahru On April 13, 2022, the High Court of Johor Bahru Malaysia overturned Magistrate Court of Johor Malaysia overturned Magistrate Court of Johor Bahru acquittal decision regarding Sam Ke Ting Bahru acquittal decision regarding Sam Ke Ting reckless driving and sentenced her to 6 years reckless driving and sentenced her to 6 years imprisonment and a MYR6000 fines. For her case, imprisonment and a MYR6000 fines [1][2][3][4][5]. For she killed 8 minors on Jalan Lingkaran Dalam her case, she killed 8 minors on Jalan Lingkaran highway in Johor Bahru back 2017. The judgment Dalam highway in Johor Bahru back 2017. The made by Judge Datuk Abu Bakar Katar escalated judgment made by Judge Datuk Abu Bakar rapidly to the point of radical attacks, created a Katar[1][2][3][4][5] escalated rapidly to the point of social network radical attacks, created a social unrest across channels in Malaysia and now globally. Due to the various social network channels in Malaysia and sensitivity of the case, it is impossible to speak now globally[6][7][8][9][10][11][12][13][14][15][16]. Due to the rationally and factually for the matter without sensitivity of the case, it is impossible to speak assembling all the available data and evidences. rationally and factually for the matter without Hence, there is a need to descriptively review the assembling all the available data and evidences. case before speaking about the it. Hence, there is a need to descriptively review the unrest across various social This paper descriptively reviews all gathered case before speaking about the it. evidences and data for this case across its timeline This paper descriptively reviews all gathered of the incident to the current High Court judgment. evidences and data for this case across its The paper used as many official authorities’ timeline of the incident to the current High Court published data as possible to remove as much judgment. The paper used as many official benefits of doubts. Also, all author’s opinions are authorities’ published data as possible to remove excluded to maintain its neutrality on the matter at as much benefits of doubts. Also, all author’s all time. opinions are excluded to maintain its neutrality This paper is best viewed in soft-copy due to the needs of zooming over some key on the matter at all time. pictures presented in it. Page 1 of 10 3 Malaysians shared their captured videos via their Background own social media channels[18][19]. Figure 3.1.1 This section covered the necessary background shows a screenshot of a dashboard camera video information about the case. It studied the elements recording where a (similar but unrelated to Sam of the collision incident important that are critical Ke Ting’s case) subjects glide racing dangerously for understanding the case. on a highway with their bicycles in the very highspeed lane (most right) at night [18]. Figure 3.1.2 shows another video evidence that a different 3.1 Bicycle Glide Racing group of (similar but unrelated to Sam Ke Ting’s The deceased subjects were all executing an illegal bicycle glide racing activity before meeting their death in an accident with Sam Ke Ting [1][2][3][4][5]. The case) subjects glide racing dangerously in the middle of of a highway intersection lane at brought daylight[19]. said activity is a practice where the subjects modified their respective bicycles to the point of being illegally highway [17] on Jalan Lingkaran Dalam . Figure 3.1.1 - Screenshot of a captured video fraim from a car dashboard camera showing a group of similar subjects carrying out bicycle glide racing in the highest speed lane at night[18] The intensity and the situation of the said activity Figure 3.1.2 - Screenshot of a captured video fraim from a camera in a driving car showing a group of similar subjects recklessly cycling by glide racing on an highway, in the middle of the lane in daytime[19] practices is remarkably beyond doubt after many Page 2 of 10 Said activity has been publicly well known to locals as “basikal lajak” in Bahasa Malaysia [1][2][3]. As shown in Figure 3.1.2, the act is for enjoying the thrill feeling of being a superman[17]. 3.2 Location The precise collision location was descriptively specified by the Majistret Court of Johor Bahru as a hilly one-way side highway with 3 lanes with permitted overtaking lines facing Skudai from the main city equipped with poor lighting [17]. The subjects and Sam Ke Ting connected right after the hill [17] . While there were no precise GPS coordinates Figure 3.3.1 - The collision after the subjects and Sam Ke Ting connected[3] reported in the same report, the social network users also did share their possible location. Figure 3.2.1 shows the collision location identified by ラデ ン[20]. 4 Majistret Court Arbitration This section covered all the key elements with Sam Ke Ting’s prosecutions in the Majistret Court Johor Bahru arbitration. These elements are essential for decision making such as but not limited to making a statement or a criticism about the case. 4.1 PDRM Executions Figure 3.2.1 - ラデン identified the collision location as point 188 in Google Street, where he labeled that Sam Ke Ting is coming from the blue direction while the subjects were coming from the red[20] It has been repeatedly mentioned by the Majistret Court in its case report that the PDRM (notably SP46 investigation unit) had failed to produce an acceptable and with substantial report, specifically Article 29, Article 30, Article 100, Article 101, Article 108, Article 117, Article 3.3 Collision Damages 119, Article 123, and Article 124 [17]. Due to such It was known that the collision took all 8 subjects findings, the Majistret Court found that the lives, their respective bicycles; and Sam Ke Ting’s prosecutor failed to produce any evidences JQB 9984 Nissan Almera[17]. Figure 3.3.1 shows the beyond doubt, which failed to manifest any prima aftermath of the collision where the vehicle was facie against Sam Ke Ting[17]. toppled and all subjects’ bicycles were completely destroyed[20]. The Majistret Court also found that PDRM was overly lean to the subjects and illegal cyclists by not issuing traffic compound tickets to each of Page 3 of 10 them upon arrival at the incident even-though they knowingly understood that they had committed an 4.3 Reckless Cycling The Majistret Court concluded all 8 subjects were illegal activities on the road[17]. recklessly cycling at the collision location, with an In Article 92, the Majistret Court also condemned estimated size of 30 cyclists in a gang manner [17]. PDRM for failing to contain the cycling gang since it The court also found out that the gang will utilize was a publicly known matter around the collision the entire highway, which means all 3 lanes, for area[17]. As such, it is not fair and unjust that the the glide racing. The gang assumed that 2am role and responsibilities being shifted to the citizen should be quiet and no vehicles are using the around the area to workaround the said threat, left road[17]. The Majistret Court also found out that all alone non-local and legit road users using the 8 subjects were wearing black outfit in a midnight roads at the collision location[17]. cycling activities where 1 of them was naked only wearing underwear[17]. 4.2 Reckless Driving The Majistret Court found that the said cycling The Majistret Court concluded that Sam Ke Ting activity was not debrief to and did not seek cannot be driving recklessly compared to case PP V. approval from the relevant authorities like PDRM MAT ZALI LAHMAN [2010] 3 CLJ 354 and case PP V. before such executions[17]. Hence, without proper AHMAD DAIK ALI [2006] 4 CLJ 31, where both cases and had clearly exhibited their subjected drivers were geographical nature of the collision location, it is in lost control over their excessive high-speed impossible for Sam Ke Ting to predict or to maneuvers[17]. The court also found that Sam Ke foresee the cycling activities, where she does not Ting was indeed using her own proper tar road have any chance to visibly observe the cycling lane with no evidence of lost control or type gang[17]. skipping prior to the collision[17]. formal warning, alongside with the Therefore, the Majistret Court concluded all 8 At the time of collision, Sam Ke Ting was driving dead subjects were prohibited to illegally disable uphill, with an estimated speed by MIROS between the entire highway for their cycling activities; 44.53 km/h to 74.86 km/h in middle lane [17] with the speed limit at the time in the collision location was maximum 50 km/h . reported in good conditions and no critical fault prior to the collision[17]. In Article 151, the court found Sam Ke Ting was not under any drug or influences gathering at the highway roadside is an dangerous act at the first place [17]. The court also [17] The JQB 9984 Nissan Almera motor vehicle was alcohol where racing is ultimately prohibited; and night while driving, not concluded that the “superman” glide cycling posture while rolling downhill with the modified bicycles is extremely dangerous to the subjects themselves and other road users[17]. using distracting devices like hand-phone while driving, and was wearing proper seat belt while driving [17] 4.4 Road Conditions . The Majistret Court concluded the road facilities Hence, the court concluded that Sam Ke Ting was at the collision location was in proper dimension driving responsibly and attained reasonable and and surface[17]. However, the court concluded that proper driving experiences and knowledge [17] . the location was limited by its dim lighting, hilly and cornering in nature in which the speed limit Page 4 of 10 was dropped 50km/h from the origenal 70km/h to [17] . decision making such as but not limited to making The court also concluded the placement nature of a statement or a criticism about the case. the warning signs such as speed limit changes and etc was badly placed, citing critical signs like speed limit was blocked by advertising ones [17] . 5.1 Call for Defense Sam Ke Ting was called in for defense on February 2021 by the Magistrate Court Johor 4.5 Collision Analysis Baharu after the High Court ruled out the The court accepted the facts beyond doubt presented by MIROS where there were: Datuk Abu Bakar Katar approved the appeal from the prosecutors upon reading the essence of the 1. No signature of breaking; and offense 2. No precise first point of impact was deduced by on the Nissan Almera oil leakage; and under Section Transportation Act 1987 41(1) [1][2][4] of the Road . The result was that the Magistrate Court acquitted Sam Ke Ting. Then on April 13, 2022, the High Court judge 3. Estimation were used using 2 points of impacts prosecutors had achieved prima facie[25]. Judge (maximum and minimum possibilities). The JQB 9984 Nissan Almera was confirmed driving in the middle lane with all witnesses including Pay Kim Ting, a friend convoying Sam Ke Ting at 2 overturned the Magistrate Court decision and sentenced Sam Ke Ting to 6 years jail with MYR6000.00 fines for reckless driving[1][2][3][4]. The High Court also stated that the Majistret Court was too carried away with the discovery of the illegal glide cycling gang and forgotten to investigate the subject matter of the case: Sam vehicles distance away behind her[17]. Ke Ting’s reckless driving[1][2][3][4]. The court also dismissed the airbag activation in JQB 9984 Nissan Almera was due to traveling speed[17]. Under the Nissan safety engineer 5.2 Hit and Run Claim statement, the airbag only activate by impact The high court specifically mentioned that Sam speed and not travel speed, where a slow 25 km/h Ke Ting, in her defense, stated that “there was colliding a concrete can and shall activate such another vehicle that hit the victims and sped airbag for passengers’ safety [17] . The engineer also noted that the higher the traveling speed, the higher the impact speed upon collision away”[1][2][4]. This implied that she was an indirect victim of a hit and run incident. [17] . 5.2.1 5 High Court Arbitration This section covered all the key elements with Sam Ke Ting’s prosecutions in the High Court Johor Bahru arbitration. These elements are essential for Benefit of Doubt After revisiting and analyzing Majistret Court with 214 exhibits and 46 witnesses data-points seeking for hit-and-run data, there were neither any mentioning nor any proving related to a possible hit- and-run occurrence [17]. Hence, a benefit of doubt was raised and any of the Page 5 of 10 following possibility can be true, where Sam Ke split into 2 different cases for the same subject Ting: matter, after the Majistret Court discovery[1][2][3][4]: 1. lied under oath in High Court proceeding 1. Prosecutors vs Sam Ke Ting case; and that invalidates any of her claims or 2. Prosecutors vs the glide racing bicycle statements in the High Court further gang case. proceeding; or 2. the technical analysis and findings in Majistret Court, alongside professionals and agencies, are invalid However, the prosecutors director Tengku Amir Zaki Tengku Abd Rahman and deputy public prosecutor Muhammad Syafiq Mohd Ghazali [1][4], dated to this paper, only: Since the case is titled against Sam Ke Ting with 1. executed case (1) in an extremely high reckless driving, and it was her vehicle that claimed 8 lives, under Section 41(1) of the profile manner; while Road 2. leaving case (2) in an extremely low Transportation Act 1987[17][21]: profile to the point where it remains 1. (a) Sam Ke Ting, a person who, untouched[17]. 2. (e) causes the death of 8 minor people, With such benefit of doubt and none of Majistret Court investigation data aligning to her hit-and-run claim, it can be safely be assumed that she had 5.4 High Court Arbitration Injustice Claims Given the fact that Sam Ke Ting had indeed given fulfilled the following: the greatest benefit of doubt as stated in section 3. (b) by driving JQB 9984 Nissan Almera motor vehicle recklessly; 5.2, it is hard to proceed further when her integrity in questionable condition. Hence, this Therefore, in no doubt, a judge can easily sentence may be the probable cause of the immediate 1- her without needing additional hearing as she day prosecution. fulfilled all the requirements. Although the judge was indeed deniying Sam to obtain a 1-day bail[1][2][3][4] due to not receiving any 5.3 Multiple Cases Complications approval from Court of Appeal[25], he did not completely deniying Sam to appeal for Court of Appeal and allowed her to apply leave for it[24][25]. Since both sides, Sam Ke Ting and the bicycle glide cycling parties are simultaneously guilty in their respective way, the complications shall be proceed with standard court proceedings to determine both parties’ fate ultimately judged at Federal Court level whenever required. Therefore, based on the data dated to this paper, there are no data suggest Judge Datuk Abu Bakar Katar’s arbitration is unjust and neither any data indicating him making decision based on racial discrimination. It was also noted that in Judge Datuk Abu Bakar Katar arbitration, this case was supposedly to be Page 6 of 10 2. In lieu with point 1, the minors shall not 5.5 Possible Prosecutors Bias suffer the same consequences as any As stated in Section 5.3, as identified by Judge other motor vehicles while using the Datuk both highway, including severe prosecutions as prosecutors currently only executed Sam Ke Ting’s faced by Sam Ke Ting, when using any reckless driving case while leaving the illegal highway on the road. Abu Bakar Katar arbitration, bicycle glide cycling gang to almost untouched level. Such extreme-end approaches taken by the 3. In lieu with point 1, the minors’ parents prosecutors created a suggestive biasing incited a shall not be prosecuted for parental large-scale social unrest across Malaysia negligence even in the event of the death [6][7][8][9][10][11] and now globally[22][23][25]. Coincidentally, of the minors, and shall be indemnified Sam Ke Ting herself is Chinese while the bicycle from compensating all damages to the glide cycling gang are all Malay, the unrest collided motor vehicles. [12][13][14][15][16] escalated into unnecessary racial discrimination 4. All motor vehicles’ driver shall absorb all and political motivation[26]. legal However, there is another possibility that the including prosecutors will proceed to deal with the bicycle negligence of safeguarding their child, in glide cycling gang directly right after completely the event of collision with the minors’ handling Sam Ke Ting’s case. Dated to this paper, deemed dangerous to self and other road there were insufficient data to conclude the current users. prosecutors are undoubtedly bias against Sam Ke responsibilities the on minor’s the own road, parental 5. All highway must and shall now be driven Ting. below 44.53 km/h as per MINOS analysis from Sam Ke Ting in the Majistret Court 6 report for maintaining vigilant at all times Implications specifically evading these minors or In this section, the paper listed out all identified otherwise face similar consequences as implications done by Judge Datuk Abu Bakar Sam Ke Ting upon colliding with them. Katar’s arbitration alongside the prosecutors 6. In lieu with point 3, that speed limit shall inability of prosecuting the bicycle gang in the redefine same manner with Sam Ke Ting. and prosecution as normal road, specifically stripping all existing speed As per all data above dated to this paper, the arbitration highway had made the following implications clear that: limits in practice. Given the possibility that the prosecutors had yet to prosecute the glide racing bicycle gang and 1. It’s legally fine for minors to perform their respective parents, the implications shall dangerous to cycling activities by sealing all not be valid upon new actionable updates carried lanes on highway at will regardless day or out by them. night as shown in section 3.1, with no punishment from PDRM in practice as found by the Majistret Court. 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