Girl killed 8 people. E-pal appealed: let her go!

Sam Ke Ting, a 28-year-old Chinese girl, killed 8 people and injured 8 others in a car crash six years ago. This year, the case was controversial until her acquittal on April 11 shocked the world.

At 3.20am on February 18, 2017, Sam (22) was driving home through a dark winding mountain road when he took a sharp turn and ran into a group of teenage speedsters on modified bikes. Eight teenagers aged 13-16 were killed, two were seriously injured and six were lightly injured in the crash.

What happened?

01

Biker: 

At that time, was riding in reverse, the bike was modified (see picture below) and without brakes.

02

Sam Ke Ting:  

At that time, there wasn't speeding, no drug or alcohol influence, and no mobile phone use.

Case summary

1st Trial

Acquitted

Reason: Insufficient evidence. The magistrate found that Sam was driving legally and posed no danger. On the other hand, gatherings are banned on the road, and racing on the wrong side of the road poses a danger to traffic.

Suspicious: Two police reports named Sam as the driver at the time of the accident. But it's not like a witness statement. A prosecution witness said he saw a man and a woman inside the car at the scene before it overturned, while another witness said he did not see any Chinese girls when the car overturned, but only Malaysians.

2nd Trial

The high court ordered a retrial

The High Court stated that the prosecution had proved that Sam was the driver of the accident, and she had never denied it.

The High Court also held that Sam drove very fast, saying the magistrate was wrong to highlight the negligence of the drag racing party in this criminal case.

3rd Trial

Acquitted

Sam said she was surrounded by a group of people threatening her before she realized she had hit someone. Traumatised, confused and frightened, she was taken to the police station for a statement. In that case, the police report was inaccurate.

She also believes another vehicle may have hit the group, but the scene was chaotic and the vehicle may have escaped.

On 10 October 2021, the same magistrate again ordered her acquittal.

4th Trial

Sentenced to 6 years in prison

The prosecution were still pressing on with its appeal.

The High Court said that taking into account the seriousness of the offence and the number of deaths caused, as well as past sentencing trends, it sentenced Sim to six years' jail with a RM6,000 fine (an additional six months 'jail if she did not pay the fine), and to have her driving licence suspended for three years after her sentence was completed, with no probation allowed. Sam's sentence was not commuted because she pleaded not guilty.

Court of final appeal

Judge's soul question

On April 11, 2023, the Court of Appeal held a final hearing on the case, and Judge Siti Hajar Ali asked questions in soul. E-pal shouted: Wonderful!

1

Judge: Is it legally permissible to ride a modified bike at 3am?

Prosecutor: Although Sam could not predict the crime scene of the modified bicycle drag racing activities, but the road is unpredictable in a lot of circumstances.

Judge: "The driver has to be perfect?"

Prosecutor: "No, but have to be careful."

Judge: Is it lawful to ride a modified bicycle on the road at 3:20 am?

Prosecutor: ...... (Nothing to say)

2

Judge: Is it legal for a car to drive on the highway at 3 am?

Prosecutor: Legal.

3

Judge: If you see a cat on the road, or meet a group of turtles with children in slow, even if the driver is very good, will be able to brake in time?

4

Judge: Please be honest, especially during Ramadan.

Judge: The police have also received complaints from the public that modified bicycles endanger the safety of road users. There is no denying that the confession is in favour of the defence.

5

Judge: Actually the legal principle is that the driver can only be found guilty if he is proved to be at fault. It can not due to someone die in car accident, the driver must be held responsible.

6

Judge: It is the modified cars that create the dangerous situation. In hearing a case, you must be fair.

7

Judge: This traffic accident is impossible to avoid, the only way to avoid it is to let the car fly over the motorist. 

"There is no way to avoid this accident because we are not talking about one or two vehicles, we are talking about 30 to 40 vehicles."

In the end, the judge ruled that Sam Ke Ting was not guilty. "You are now a free person." The judge said to Sam.

American E-pal:

Let her go!

After six years, Sam Ke Ting finally gained her freedom.

Recently, Sam apologized to the family of the deceased, "I sincerely apologize. Although I realize and understand that it may be difficult for you to forgive me, I want to say that I will also atone for this tragedy for the rest of my life, and the guilt will stay with me until I die."

 E-pal Comments: 

If you need any more information, feel free to contact SOLUTIONS. We will be glad to assist you.

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