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Handsome Silver Medalist Kunlavut Happy

EdEd — Tue, 06 Aug 2024 09:44:46 +0800

Sam Ke Ting Final Appeal Today

EdEd — Fri, 31 Mar 2023 08:27:47 +0800

KUALA LUMPUR, March 31 — Today, the Court of Appeal will be hearing Sam Ke Ting’s appeal against her conviction and six-year jail sentence for alleged reckless or dangerous driving, which was claimed to have resulted in the 2017 death of eight teenagers involved in basikal lajak racing in Johor.

This will be Sam’s final appeal, as her case started out at the Magistrate’s Court — where she was acquitted twice —and was previously at the High Court.

This case also casts a spotlight on basikal lajak — which are heavily-modified bicycles with the removal of safety features such as brakes and lights.

Here’s a quick recap by Malay Mail of Sam’s case, based on four court judgments in Johor Bahru in her case:

On March 28, 2017 Sam who was aged 22 was charged under Section 41(1) of the Road Transport Act with “reckless or dangerous driving” of a car on February 18, 2017 at around 3.20am at Jalan Lingkaran Dalam in Johor Bahru, which allegedly resulted in the eight teenage cyclists’ deaths.

After a trial spanning two years from August 2017 to August 2019 with the prosecution calling 46 witnesses, Magistrate Siti Hajar Ali on October 28, 2019 decided to acquit Sam without calling her to enter defence.

The magistrate’s court in Johor Bahru said the prosecution had failed to show a prima facie case. In other words, the court was not convinced Sam could be convicted — based on the evidence presented by the prosecution — if she was called to enter her defence but kept silent.

1. The first acquittal in 2019

Here’s why the magistrate acquitted Sam for the first time:

The magistrate said the prosecution failed to prove all three elements of the charge: that Sam was the driver of the car during the accident; that she drove recklessly or dangerously after taking into account all circumstances including the road’s nature, condition and size; and that the accident resulted in the deaths of any individuals.

The magistrate listed the facts and evidence in the case, including those from eyewitnesses and the police and expert testimony from the Malaysian Institute of Road Safety Research:

Sam was driving uphill on the dimly-lit three-lane road, while an estimated 30 youths were gathered on all three lanes — particularly on the left lane — to race basikal lajak bicycles and to observe the race. The accident occurred slightly behind the hill, with the cyclists going against the flow of traffic.

At around 3.20am, the police received information of a fatal accident and went to investigate and control the situation, with six bodies found while two others sent to the hospital were later pronounced dead.

The prosecution cited Sam’s two police reports to say it proved she was the driver at the time of the accident, but the magistrate said the police failed to carry out complete investigations on who was the driver as there were doubts on the number of persons in the car.

Two prosecution witnesses had separately said they saw a Chinese man and Chinese woman outside the car before it was overturned or saw them at the scene, while another witness did not see any Chinese woman when the crowd overturned the car and had only seen Malays at the area where the car was overturned.

This point alone was enough for the magistrate to acquit Sam.

The magistrate said Sam did not create a dangerous situation as her car had the legal right of way on all three lanes of the road. The judge said Sam did not attempt to switch lanes or overtake any cars or go against the traffic flow during the accident, and she was not shown to have lost control of the car or racing or having hit any road objects before the accident.

Instead, the magistrate said the youths caused a dangerous situation to legitimate road users including Sam through the basikal lajak activity.

During the trial, a police officer told the court that youths had often gathered at the Jalan Lingkaran Dalam road for basikal lajak racing and the police had repeatedly attempted to crackdown on the activity but were taunted by the youths who escaped to the opposite side of the road.

On February 16, 2017 which was just two days before the fatal accident in Sam’s case, police had arrested 20 out of about 60 basikal lajak users in the same road area.

The magistrate cited prosecution witnesses who said gatherings were prohibited at the hilly and winding Jalan Lingkaran Dalam and gatherings there at night are dangerous, and that no permits would be issued for such bicycle gatherings there even if applied as it would be dangerous for the traffic on that road.

The magistrate said the public around that area had made many complaints about the basikal lajak activities on that road before the accident, but said it would only be reasonable to expect the road’s frequent road-users to expect such activities and that it was unfair to expect those who seldom or never used the road or who do not live in the area to expect the same situation.

The magistrate said there was no evidence to show that the basikal lajak gang including the eight deceased had worn safety vests or helmets, later also saying all seven of the eight youths were wearing dark clothing while another was only wearing his undergarments.

The judge said Sam could not have expected or could not have seen the basikal lajak group due to a slope leading to a “crest” in the uphill road limiting the distance that drivers could see, and that no alert was given to Sam that the group was behind the crest.

Among other things, the magistrate said Sam was driving responsibly and had reasonable driving skills, based on factors such as her not being under the influence of drugs or alcohol or using her handphone while driving, and wearing her seatbelt while driving, and the car’s braking system and airbags being in good condition at the time of accident.

Out of the two probable driving speed ranges of 74.86 km/hour and 44.53 km/hour in Miros’s report on the accident, the magistrate opted for the lower speed, based on the legal principle where the inference favourable to the accused is to be chosen.

As for the third element of the offence, the magistrate said the prosecution failed to prove the identity of the eight deceased in relation to the identification of the bodies by the next of kin.

The magistrate then ordered Sam’s acquittal, and for the return of the RM10,000 bail money as well as the return of her driving licence which was suspended since she was charged. The magistrate’s 43-page written judgment was released on November 18, 2019, less than a month after she delivered her decision.

2. High Court sends the case back to trial

On February 18, 2021, the prosecution won its appeal in the High Court against Sam’s acquittal.

Then High Court judicial commissioner Shahnaz Sulaiman set aside the magistrate’s decision, ruling that the prosecution had proven a prima facie case and sent the case back to be heard before the same magistrate. The High Court also ordered Sam to enter her defence.

The High Court said the prosecution had shown the first element of Sam being the driver, as she had never disputed she was the driver and had lodged police reports on the accident.

For the second element, the High Court said it believed Sam was driving dangerously especially at 3am, and said she should have been more careful if the road conditions were dark.

The High Court also held the view that Sam was driving fast which allegedly caused her to be unable to stop or brake when she found the basikal lajakgroup on the road.

The High Court said the magistrate was wrong to stress on the basikal lajak group’s negligence in this criminal case, as this was not a civil case where liability could be apportioned or shared.

The High Court said the issue of the eight youths’ bodies’ identification was not an issue, as the next of kin had identified them and post-mortem reports showed their death to be due to collision with road traffic or motor vehicle.

The High Court released its 20-page written judgment on August 30, 2022.

3. Magistrate still acquits Sam

On May 9, 2021, Sam had the chance to tell the court about the accident, when she chose to give an unsworn statement from the dock to defend herself against the charge.

An unsworn statement is where court testimony is given, but with the prosecution and the judge unable to question the accused person.

Among other things, Sam said she was returning from a Chingay parade with her friends at 3am on the day of the accident, and she did not live in the area and did not know of the basikal lajak activities there.

Sam said the car was travelling below the speed limit at the left lane of the road, and she could not see the group when going uphill, and it was only after the peak of the road where she suddenly saw the basikal lajak group filling up all three lanes and only heard the sound of the crash.

She said she was shocked and unaware of what happened, only becoming aware or conscious when she was surrounded by the group which were shouting and threatening to hurt her.

She said she was in fear and saved by a police officer who brought her to the police station, adding that the police reports she had made were inaccurate and were made when she was in trauma, confused and without any medical attention.

Among other things, Sam told the magistrate she believed there could be other vehicles who had crashed into the eight cyclists and the 30 to 40 bicycles and said they could have escaped due to the crowd formed by the group and the public.

Sam was the only one who testified in her own defence as she did not call other defence witnesses or seek to recall any prosecution witnesses.

On October 10, 2021, the same magistrate decided it was unsafe to convict Sam as the prosecution had failed to prove its case beyond any reasonable doubt, and ordered for her to be acquitted.

The magistrate said an accused person only has to raise a reasonable doubt in the prosecution’s case, but said this cannot be an afterthought or bare denial.

The magistrate examined every line of Sam’s unsworn statement, and found it to be consistent with the evidence presented in court and not an afterthought or bare denial.

Just like in her previous decision, the magistrate again expressed her sympathy and condolences to the family members of the eight deceased youths.

The magistrate’s 55-page written judgment was released on October 10, 2021. This was before the High Court’s judgment was available.

4. High Court finds Sam guilty, sentences her to jail

On April 13, 2022, the prosecution again won its appeal at the High Court against Sam’s acquittal.

High Court judge Datuk Abu Bakar Katar found Sam to be guilty of the charge of driving recklessly or dangerously under Section 41(1) of the Road Transport Act, saying that she had failed to raise a reasonable doubt in the prosecution’s case and saying that the magistrate had erred in her acquittal decision.

Among the factors taken into account by the High Court for her sentencing was that Sam did not plead guilty which would usually entitle her to a ⅓ reduction of the sentence, it was her first offence and her income was RM1,000 per month, the need to prioritise public interest over the accused’s interest, the serious nature of the offence and that the number of deaths caused, as well as past sentencing trends.

The High Court sentenced her to six years’ jail and a RM6,000 fine (with an additional six months’ jail if she fails to pay the fine) and disqualification from having a driving licence for three years after her prison term is over.

The judge ordered the offence to be recorded in Sam’s driving licence, and did not allow a stay of the sentence.

In other words, Sam had to be locked up, as the High Court ruled that her jail term was to start from April 13 itself. The High Court said this was because any appeal from the High Court (following an appeal from the Magistrate’s Court) to the Court of Appeal, would need the Court of Appeal’s leave or permission for the appeal to be heard.

The High Court’s 22-page judgment is dated August 29, 2022, and made references to the previous High Court’s August 2022 judgment.

On April 18, 2022, the Court of Appeal granted Sam leave to appeal and also granted a stay of Sam’s jail sentence, while setting bail at RM10,000 while waiting for her appeal to be heard.

This meant that Sam could be released from jail while waiting for her final appeal to be heard by the Court of Appeal today.

https://www.malaymail.com/news/malaysia/202...d-to-know/62396

[WTS]Brand New Panasonic 2.5HP Non-inverter Wall

EdEd — Mon, 06 Mar 2023 15:10:28 +0800

RM2,700

Brand new unit sealed in box. Bought from OnKing on 2 March 2023 for RM2889 (Receipt available).

Letting go due to buy wrongly.

Model: CS-PN24XKH

https://www.panasonic.com/my/consumer/air-s...-pn24xkh-1.html

Location : Shah Alam

Subsale - Leasehold unit

EdEd — Fri, 03 Mar 2023 14:12:00 +0800

Hi all sifu that has experience in purchasing subsale leasehold unit

the banker tell me that even after sign SPA, need wait the land office to settle the title which take 3-6 months (due to leasehold) depending on the which state land office. then another 2-3 months for loan disbursement

anyone has done this before?

Anwar Ibrahim : Malaysia PM-10 Confirmed

EdEd — Thu, 24 Nov 2022 13:32:28 +0800

Anwar Ibrahim : Malaysia PM-10 Confirmed

https://www.facebook.com/photo/?fbid=675479...675480187360719

Anwars office celebrating

EdEd — Thu, 24 Nov 2022 12:49:46 +0800

Fb posting that Anwar office is celbrating and hinting "good news"

SOS cina https://fb.watch/g_IpDZwPc1/

BERAKING : St Regis Move Starts

EdEd — Wed, 23 Nov 2022 15:09:10 +0800

KUALA LUMPUR: Prime Minister Ismail Sabri Yaakob has arrived at the St Regis Hotel, where Perikatan Nasional leaders are also expected to meet.

Earlier, reporters spotted Gerakan president Dominic Lau at the hotel.

When Ismail was asked why he was at the hotel, the Umno vice-president simply said, “I don’t know yet”.

Barisan Nasional deputy chairman Mohamad Hasan was also spotted driving past the hotel, headed to the carpark.

Members of the media have been gathered at the hotel since about 1pm, but were later told to remain outside as there was an “unofficial meeting” going on.

There is also speculation that PN chairman Muhyiddin Yassin will be heading to the hotel later. Reporters have been camped outside the former prime minister’s house since this morning.

The source, who spoke on condition of anonymity said this was in line with BN’s Supreme Council decision yesterday.

“We have heard PH’s (Pakatan Harapan) pitch, so now we will meet PN to hear their pitch.”

It is understood that BN leaders will meet tonight to discuss both PH and PN’s proposals.”

https://www.freemalaysiatoday.com/category/...st-regis-hotel/

[RUMOR] List of GPS Leaders not supporting abah

EdEd — Wed, 23 Nov 2022 14:08:34 +0800

13 MP drp GPS Sarawak tidak menyukong TSMY dan PN membentuk Kerajaan..
TO:

1. Willie Mongin (P198 Puncak Borneo, PBB)

2. Richard Riot Jaem (P199 Serian, SUPP)

3. Doria Sophia Brodi (P202 Sri Aman, PRS)

4. Roy Anger Gingkoi (P203 Lubok Antu, PRS)

5. Richard Rapu (P204 Betong, PBB)

6. Huang Tiong Sii (P208 Sarikei, SUPP)

7. Aaron Ago Dagang (P210 Kanowit, PRS)

8. Edwin Banta (P214 Selangau, PRS)

9. Alexander Nanta Linggi (P215 Kapit, PBB)

10. Ugak Kumbong (P216 Hulu Rejang, PRS)

11. Tiong King Sing (P217 Bintulu, PDP)

12. Henry Sum Agong (P222 Lawas, PBB)

13. Ali Biju (P205 Saratok, PN)

KM Sarawak Abg Johari terpaksa akur dengan kehendak mejoriti MP yg memehak kepada Anuar dan PH..

SOS : whatsapp / rumor saja jangan hantam

ANWAR PM10

EdEd — Tue, 22 Nov 2022 17:22:07 +0800

5.18pm – Anwar has been named prime minister.

5.10pm – Muhyiddin has left Istana Negara through Gate 2 without speaking to the press.

https://www.thevibes.com/articles/news/7816...awaits-new-govt

Muhyiddin is back home

5.20pm: Perikatan Nasional head Muhyiddin Yassin is back from Istana Negara. He does not address the press.

Meanwhile, Pakatan Harapan chairperson Anwar Ibrahim is still in Istana Negara.

Unofficial : BN Tumbang

EdEd — Sat, 19 Nov 2022 17:59:52 +0800

Official : Lim Lip Eng Bodo

PH Win = No Toll

EdEd — Mon, 31 Oct 2022 16:13:18 +0800

PETALING JAYA: DAP chairman Lim Guan Eng has pledged that Pakatan Harapan (PH) will abolish tolls on the PLUS North-South Expressway if it wins the general election (GE15) and forms the next federal government.

At a pre-GE15 campaign dinner in Jelapang, Perak yesterday, Lim said PH had reduced toll fees for the highway by 18% when it was in power for 22 months.

According to China Press, the former finance minister said PH “can abolish tolls” on the highway if it gets another five years in government.

Lim had been quoted as making a similar pledge in 2017, before PH’s historic win on May 9, 2018. However, the PH government was toppled after 22 months in power.

The abolition of tolls on highways was among the coalition’s pledges for the 2018 general election, with PH saying it would be done “in stages”.

In 2020, the then PH government implemented an 18% reduction in tolls at the highway, saying it was in line with its manifesto.

Lim also noted the various problems plaguing the nation, such as the economic downturn and littoral combat ship scandal, and said Malaysia needed a government that could manage these issues.

He called on voters to support PH so that it can form the government and coalition chairman Anwar Ibrahim could become the next prime minister.

https://www.freemalaysiatoday.com/category/...-says-guan-eng/

Does this sound familiar to you..lol

AXA best insurance plan ever

EdEd — Fri, 12 Aug 2022 09:31:09 +0800

AXA family plan very considerate

Translation

Tier 1 : Client (50 yo)
Tier 2 : Wife (41 yo) - GF (32 yo)
Tier 3 : Dotter (13yo) , Dotter (11 yo) | Son (5 yo) , Dotter (new born)

full coverage manyak cun

cukur (insert fruit) traders

EdEd — Tue, 26 Jul 2022 09:08:44 +0800

PETALING JAYA: Putrajaya plans to review the management of shopping malls owned by government-linked companies (GLC) to ensure they are managed by local companies.

This, Prime Minister Ismail Sabri Yaakob said, was to make certain that more Bumiputera traders would operate there.

“The involvement of Bumiputeras now must not only be in the informal sector but also in the formal sector, such as running businesses in shopping malls,” he said at a gala dinner in conjunction with the 50th anniversary of UDA Holdings Berhad (UDA) last night.

Now that the country had entered the endemic phase, entrepreneurs, including those from the Bumiputera community, could once again run their businesses and reinvigorate the country’s economy, he said.

“At a time when the country is facing the pressures of inflation, Malaysia’s wholesale and retail trade sales value registered a new record in May, with a growth of 19.9%, amounting to RM129.8 billion, which is the highest since 2013,” he said.

Despite such progress, he said the socio-economic status of Bumiputeras was still at a low level, and their involvement in entrepreneurship needed to be improved.

He suggested that UDA sell or rent existing business spaces at rates affordable to Bumiputera entrepreneurs who had the potential to expand their businesses.

He said the government was committed to empowering Bumiputeras and had set aside an allocation of RM11.4 billion in Budget 2022 for this very purpose.

Ismail also announced a RM100 million fund for UDA to help Bumiputera commercial centres and entrepreneurs.

https://www.freemalaysiatoday.com/category/...shopping-malls/

cukur mara digital

What is good mechanism for petrol subsidy?

EdEd — Mon, 18 Jul 2022 14:24:38 +0800

mari buat satu survey

Engine cc now all turbocharged

B40 / M40 pun have issue with follow national standard would be unfair to urban people, or those invisible (not paying tax) but have millions in bank

BERAKING: AGONG TAKNAK ISMAIL?

Thu, 01 Jan 1970 07:30:00 +0800

Hadi say ok all party mari unite

EdEd — Sun, 15 Aug 2021 12:01:23 +0800

KUALA LUMPUR, Aug 15 — PAS President Datuk Seri Abdul Hadi Awang today called for all political parties to unite during these extraordinary times and focus on helping the government to combat the Covid-19 situation in the country.

As part of his “Minda Presiden PAS” series of opinion pieces on PAS online portal Harakahdaily today, Hadi urged political parties from both sides of the political divide to heed the offer by Prime Minister Tan Sri Muhyiddin Yassin for bipartisan support in order for the government to effectively combat the pandemic and help rebuild the nation’s economy.

Hadi also stressed the importance of unity for the sake of the rakyat instead of political manoeuvering that would only benefit certain quarters.

“The offer by the prime minister to all political parties to obtain confidence towards the government today so that they are given time to resolve the crisis must be taken positively.

“After we faced the crisis of the past troubled government, we should give time to the government today so that we can resolve the problem together.

“After the situation permits, only then should we return the mandate to the people to choose a government that they want,” he said.

Drawing a parable from the Hadith, documenting the trials and tribulation of the Prophet Muhammad, Hadi again stressed the need for unity in times of great tragedy, lest all be consumed by a much bigger disaster.

“The approach of reaching out by inviting all parties, regardless of government, to resolve emergencies, disasters and catastrophes, should be resolved humanely regardless of differences and should be given priority over personal interests of certain groups. Only those who are inhumane will not care about the plight of the people who need to be saved now.

“So those who reject the invitation to unite to save the people and the country, in order to meet their narrow personal political will, are power-mad, who do not care about the lives of the people,” he said.

https://www.malaymail.com/news/malaysia/202...focus-o/1997768

Demi Mercedes. Dap dap la

Bersatu Slams Zahid Gang : Stop Politic

EdEd — Wed, 04 Aug 2021 18:15:59 +0800

IPOH: Bersatu deputy president Datuk Seri Ahmad Faizal Azumu has slammed the Umno MPs who withdrew their support for the Perikatan Nasional government and Prime Minister Tan Sri Muhyiddin Yassin.

The Tambun MP said he was saddened by the MPs' political manoeuvring as the nation was still struggling with the Covid-19 pandemic.

"They forget their responsibilities and efforts to manage and resolve the more important issues the country is facing," he said in a statement Wednesday (Aug 4).

"I fully support the leadership of the Perikatan government that has always looked after the interests of the people.

"This is not the time to act for one's self-interest," he added.

On Tuesday (Aug 3), Umno president Datuk Seri Dr Ahmad Zahid Hamidi announced that the party would stand with the Yang di-Pertuan Agong and called on all its MPs to rescind their support for the Perikatan government after its special supreme council meeting.

Earlier Wednesday, Muhyiddin said in a special address that he was not resigning and would table a motion of confidence in the Dewan Rakyat in September.

His proposal was approved by the Yang Di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah, whom he had sought an audience with earlier.

Ahmad Faizal said the people were sick and tired of the country's political situation.

"It is more disappointing that among the MPs involved, they rather gamble on the fate of the people for the sake of their political careers without a single second thought on prioritising the well-being of the country.

"Any political move should be cast aside for now for the safety of the people and the country," he said.

"All MPs should continue with their efforts and responsibilities to protect the people and the country," he added.

https://www.thestar.com.my/news/nation/2021...-perikatan-govt

Bersatu : OK We no majority.. but

EdEd — Wed, 04 Aug 2021 09:07:04 +0800

IPOH: The Yang di-Pertuan Agong can consider forming a minority government if no MP has the support of the majority in Parliament, says Datuk Seri Ahmad Faizal Azumu (pic).

The Parti Pribumi Bersatu Malaysia deputy president said that with the statutory declaration signatures of 11 Umno MPs presented by the party president to the King, theoretically this has caused the Perikatan Nasional government to fall.

The Tambun MP said it was not unusual to have a minority government.

“As such, a minority government could be considered by the King for a new prime minister,” he told Sinar Harian yesterday.

A minority government, minority Cabinet, minority administration or a minority Parliament is a government and the Cabinet formed in a parliamentary system when a political party or coalition of parties does not have a majority of overall seats in Parliament.

Meanwhile, Umno supreme council member and Dewan Rakyat Deputy Speaker Datuk Seri Azalina Othman Said has voiced support for Umno’s decision to retract support for Perikatan Nasional and Prime Minister Tan Sri Muhyiddin Yassin.

In a statement yesterday, the Pengerang MP, who is also Pengerang Umno division chairperson, said the decision by party president Datuk Seri Dr Ahmad Zahid Hamidi was in line with the party’s constitution to uphold and defend the Federal Constitution and the constitutional monarchy system.

“The King and the people are inseparable. The Royal institution is the protector of the country and the people,” she said.

https://www.thestar.com.my/news/nation/2021...a-minority-govt

So who already report using WFW

EdEd — Tue, 25 May 2021 11:59:07 +0800

mari share any action taken or not?

or need wait after mco only officer come check ?

Covid-21 is here my friend

EdEd — Fri, 21 May 2021 09:11:09 +0800

Researchers have found a new coronavirus among patients hospitalised in Sarawak several years ago, and believe it to be in the early stages of making the jump from animal hosts to humans.

However, there is still no proof on whether the virus can be passed from human to human or whether it is capable of causing human diseases. The researchers argued that more study is needed.

“If confirmed as a pathogen, it may represent the eighth unique coronavirus known to cause disease in humans...

SOS : https://www.malaysiakini.com/news/575468

Tahniah after wuhan virus we may now have swak virus, home grown in east msia