save malaysia!
Mat lajak deaths: Shafee applies to be 'friend of court' in Sam's appeal
savemalaysia
Publish date: Sun, 17 Apr 2022, 07:06 PM
KUALA LUMPUR: Prominent laywer Tan Sri Muhammad Shafee Abdullah has applied to appear as an “amicus curiae” (friend of the court) in the case involving Sam Ke Ting.
Sam was sentenced to six years’ jail for reckless driving in 2017 that caused the death of eight teenage “basikal lajak” cyclists.
Shafee said he was applying to be an “amicus curiae” in Sam’s leave application to appeal her sentence, which will be heard at the Court of Appeal in Putrajaya on Monday (April 18).
“I am applying to come in as ‘amicus curiae’, on behalf of the Universiti Malaya Faculty of Law Alumni Association (Parfum).
“Parfum’s counsel has authorised me to appear tomorrow to address the court in order to assist the court on this matter of public interest," said Shafee, who is also Parfum vice-president, when contacted Sunday (April 17).
According to the court's e-filing system, Sam's appeal will be heard before a panel of judges of the Court of Appeal 3, at 9 am Monday.
Shafee, who had previously offered his legal services pro bono to Sam, also revealed that she had declined and wanted to retain her lawyer.
Shafee explained that he had written to the appellate court president on Sunday, who will then pass his application to the quorum of judges in charge of Monday’s leave hearing for approval.
An amicus curiae is a “friend of the court” who is not party to a legal action but is allowed to assist in a case by offering his expertise, which may or may not influence the court's decision.
Shafee also noted that the defence team’s challenge was to convince the judges tomorrow to accept its leave application for an appeal without raising or questioning the facts of the case, as stipulated under Section 50 of the Courts of Judicature Act 1964.
“That is the limitation, you cannot raise the issue of facts. The defence must be able to impress upon the Court of Appeal by basing on the points of law that the High Court may have erred in its decision, and not based on facts," he said.
He added that the justification of this provision was to avoid the Court of Appeal being inundated with nonsensical appeals that were not meritorious.
Shafee said he would immediately seek the court's permission, once the Court of Appeal grants leave, to allow bail in order for Sam to work with her lawyers more effectively ahead of the main appeal.
Sam, 27, was sentenced to six years’ jail and fined RM6,000 over the deaths of the teenagers who were riding modified bicycles in Johor Baru at 3.20am on Feb 18, 2017.
Last week, High Court judge Justice Abu Bakar Katar also denied her a stay of execution after finding her guilty.
https://www.thestar.com.my/news/nation/2022/04/17/mat-lajak-deaths-shafee-applies-to-be-039friend-of-court039-in-sam039s-appeal
More articles on save malaysia!
Water, electricity supply disruptions in Labuan starting to ease - Dr Zaliha
Created by savemalaysia | May 31, 2024
Sabah's hardcore poverty stats questioned: 4,000 dead still listed, says minister
Created by savemalaysia | May 31, 2024
HR Ministry: SPM, level-three SKM graduates can apply for Labour Dept’s TVET courses
Created by savemalaysia | May 31, 2024
No arrests yet in viral CCTV footage leak of Faisal Halim acid attack, police say
Created by savemalaysia | May 31, 2024
RM100 book vouchers will be given in stages beginning June 1 - Zambry
Created by savemalaysia | May 31, 2024
Discussions
Be the first to like this. Showing 5 of 5 comments
All highway must be cleared for mat rempit and mat lajak and mat kaki ayam ma....
2022-04-19 11:01
It's very clear in Sam Ke Ting case, the judge has erred! I mean, she was driving into a blind spot! She was very sober and was heading to work! As for the 8 kids, how come they are on the highway at 3 am!
Sam Ke Ting has endured so much! You think she can continue living knowing she has killed 8 kids! It will traumatize her for life! That is life sentence by itself!
The accident was a total tragedy! It's not her fault! But fault of the parents involved! And yet the racist judge who earlier let go Ku Nan of corruption charges known to be very cruel to local chinese! The judge has been sending many local chinese into jail!
2022-04-19 11:27
The 'Basikal Lajak' tragic outcome thunders serious social and legal concerns
While over half a million citizens who signed a growing petition are awaiting for a sensible conclusion to the sentencing of Ms. Sam Ke Ting, there is an urgent need for lawmakers, the judiciary and the government to address the Johor Bicycle tragedy in an informed, express and resolute manner.
We need to owe up to the fact that this incident that painfully took away the precious lives of eight young citizens manifests more serious and long ignored social and psychological problems in Malaysia.
The government must take ownership for the state of our young citizens and especially within the Malay community.
The drug menace; the number of unwanted babies born out of wedlock and often dumped; school dropouts; gangsterism among teenagers; mat rempits; and now this 'Basikal Lajak' - all of these and many more, are a manifestation of failed social engineering and political leadership in the country.
The preoccupation of leaders to ensure political party supremacy reigns king and the society's misplaced values in a political landscape where religion and race have been weaponised, have contributed to this social rot in our midst.
The fact that we have failed miserably after six decades of self governance in arresting gangsterism, drug addiction and abuse, mat rempits, school dropouts, teenage pregnancies, and now this 'Basikal Lajak' trend among our youth is a clear attestation that our compass for nationhood is flawed.
National reset is overdue.
We have been poisoned with the mantras of making money at all cost. The popular mantra of "Cash is King" is one example of how convoluted we have become as a nation of people.
Making much more money quickly and easily has become the measure of success in government, for political parties, lawmakers, political leaders and even within business corridors and professional arenas.
Corruption and the insatiable hunger to achieve our ends by any means has eroded our societal values to dangerous readings and today we witness how eight lives are lost while one young lady pays a price that many feel, and rightly so, is tragically misplaced.
Believe me there will be many more tragic incidents coming our way if we think that the rot in our midst is an isolated incident.
A nation cannot claim it is progressing and developing fast if it it is measured by the money and mortars we have.
The continuing race based political agendas and the spiking of religiosity together with corrupt mindsets and blunt consciousness have pushed our society to the edges of an impending national crisis that can only plunge Malaysia into chaos.
Unless and untill we make social values and psychological well bring as integral components in nation building we are doomed with unimaginable corruption, social rot and civil strife.
The government, political leaders and lawmakers have to bear the blame. Citizens and caring civil society have long voiced their concerns over our failing, falling, and consistently weakening of our social framework.
The 'Basikal Lajak' tragedy warns that time is long overdue to call for a national redress. Will we?
J. D. Lovrenciear
2022-04-19 11:43
Mismanagement loh!
For a country to be successful....it should have proper rule of law with justice loh!
Not suka suka & screw up the country mah!
2022-04-19 13:34
Post a Comment
Featured Posts
New Update. Discover investment communities that resonate with your ideas
Apps
Top Articles
1
Stock Pick Contest Year 2024
2
AmInvest Research Reports
3
5
The Alpha Trader
PARAGON UNION BHD (9407) - A BLUE CHIP COMPANY IN THE MAKING?
6
7
Good Articles to Share
8
save malaysia!
#
Stock
Score
Daily Stocks
Stock Name
Last
Change
Volume
Stock Name
Last
Change
Volume
Stock Name
Last
Change
Volume
MQ Trading Signals
Stock
Time
Signal
Duration
Stock
Time
Signal
Duration
Featured Advertisers / Partners
Ride The Bull Short The Bear
CS Tan
4.9 / 5.0
This book is the result of the author's many years of experience and observation throughout his 26 years in the stockbroking industry. It was written for general public to learn to invest based on facts and not on fantasies or hearsay....
Tobby
Judge who presided Sam case is Mahathir's proxy! And now Shafee, Najib's proxy fighting for her case! But this is all political, Najib wants to be seen as defender! As for Mahathir, his reputation continues to rot!
2022-04-18 22:31