Kota Kinabalu: A Filipino lorry driver, who overstayed in Sabah for over 15 years, was jailed six months and fined RM6,000 or six months jail for careless and inconsiderate driving that resulted in crashing into 14 vehicles outside a primary school in Putatan two months ago.
Judin Sapal, 56, pleaded guilty before Magistrate Dzul Elmy Yunus on Tuesday to committing the offence on Feb 28, at 11.20am, at Jalan Duvanson, Ketiau.
The charge stated that an accident occurred involving a lorry (driven by Judin), 11 cars, and one motorcycle in front of SK Tansau, Putatan, where the 14 vehicles were parked on both sides of the road, waiting to pick up children after school.
Judin was charged under Section 43(1) of the Road Transport Act (RTA) 1987 (Amended 1999) which carries a fine of between RM5,000 and RM10,000 and liable to jail of up to 12 months, on conviction.
When asked by the court whether he held a driving licence, Judin replied that he did not.
“It was just for one day, boss asked me to drive. I usually work at the site,” said Judin.
Judin, who was unrepresented, requested a lenient sentence from the date of his arrest, citing that he has school-going children, one of whom is unwell.
He also informed the court that earlier on the same day, he had been sentenced to 12 months in prison for a pass-related offence.
The prosecution applied for a deterrent sentence and for Judin to be referred to the Immigration Department.
Magistrate Dzul Elmy ordered Judin to begin serving his sentence from Tuesday, and to be referred to the Immigration Department thereafter.
Earlier, the prosecution in tendering the facts of the case, informed the court that at about 11.20am on the said day, Judin was driving a Nissan CW51 lorry from Kg Mahandoi towards Petagas and upon approaching SK Tansau, the lorry’s brakes suddenly failed, causing him to lose control of the vehicle.
The lorry ploughed into several vehicles that were parked by the roadside in front of the school, where parents had gathered to drop off or pick up their children.
The collision resulted in serious damage to 14 vehicles and left one other driver injured.
Subsequent investigations revealed that the lorry had been sent to Puspakom Kota Kinabalu for inspection.
It was found that the third axle’s left wheel brake cylinder was leaking, and the brake pedal was stiff, both of which critically impaired the lorry’s braking function.
Further investigation found that Judin had been driving negligently and without due consideration for public safety by operating a vehicle not worth driving on the road, ultimately leading to the road accident, said Prosecuting Officer Inspector Mohamad Hamidi Mohamad Hamzah.
Meanwhile, earlier at the Sessions Court, Judin was sentenced to 12 months in jail after he pleaded guilty to overstaying in the country for over 15 years.
The charge against Judin stated that he was found at the Traffic Office of the Penampang Police Station on Feb 28, at 5.30pm to have overstayed in the country for 15 years, four months and 17 days, following the expiry of his work pass on Aug 18, 2010.
The charge under Section 15(1)(c) of the Immigration Act 1959/63 provides for a fine of not less than RM10,000 or a jail term of up to five years or both, on conviction.
Judge Hurman Hussain ordered Judin to be referred to the Immigration Department thereafter.
