Jail for death of school kids

Kota Kinabalu: A 56-year-old man was sentenced to four years’ jail and fined RM6,000 or 10 months jail by the Traffic Court here for dangerous driving which caused the death of two young siblings, who were waiting for their ride to school in Kota Belud, two years ago.

Magistrate Afiq Agoes, who delivered his decision at the end of the defence, meted out the sentence to Daud Simpul.

Daud was found guilty of driving a Nissan Sentra in a dangerous manner which caused the death of pedestrians Max Christy Masdi, 10, and Maxryona Masdi, 6, at 6.40am on March 11, 2019 at Jalan Kg Tempasuk II.

Daud had committed an offence under Section 41(1) of the Road Transport Act which carries a jail term of between two and 10 years and a fine of between RM5,000 and RM20,000, upon conviction. 

The court ordered Daud to serve the imprisonment sentence from the date of the conviction.

However, Daud, who was represented by counsel Nelson Angang, managed to obtain a stay of execution of the sentence pending an appeal to the High Court against the court’s decision.

The court fixed bail at RM2,500 in two sureties and also ordered Daud to report to the Investigating Officer once a month. 

Earlier, Inspector Mohd Firdaus Che Mustafa applied for a deterrent sentence based on the facts of the case and for public interest.

Nelson applied for a stay of execution of the sentence pending an appeal to the High Court.

Meanwhile, Daud, who was also charged with driving under the influence of alcohol or drugs at the same place and time, was freed from the charge.

Afiq discharged and acquitted Daud of the charge at the end of his defence.

The offence under Section 44(1) Road Transport Act 1987 carries an imprisonment of between three years and 10 years and fine between RM8,000 and RM20,000, upon conviction.

Nine prosecution witnesses and two defence witnesses, including Daud testified during the trial.

In another case, a 47-year-old street hawker was jailed seven months for disposing of a stolen bicycle.

Musa Osman pleaded guilty before Magistrate Lovely Natasha Charles to selling the bicycle belonging to Khairulanwar Kamat at noon on Dec 15, 2020 at Grace Court in Sembulan.

Inspector Kelvan Elson Maik told the court that the police arrested Musa at 6.24pm on the same day and recovered the stolen bicycle from Musa.

Musa, who is currently serving 15 months jail for similar offence, was ordered to serve the sentence consecutively.

He was charged under Section 414 of the Penal Code which carries a jail term of up to seven years and liability of a fine, upon conviction.