Kota Kinabalu: A 25-year-old man, who was jailed 14 months and fined RM5,000 five years ago for reckless riding by making a “wheelie” stunt on the road, failed in his appeal against his conviction and sentence.
High Court Judge Datuk Christopher Chin in delivering his ruling on the appeal by the appellant Adzrul Adzman, affirmed the conviction and sentence meted out by the Magistrate.
Adzrul was on Dec 12, 2019 found guilty after a full trial on a charge under Section 42(1) of the Road Transport Act 1987 which provides for a maximum jail of five years and a fine of up to RM15,000, upon conviction.
He was sentenced to 14 months’ jail and fined RM5,000 or two months’ jail for committing the offence at Jalan Kota Kinabalu-Papar, near the JKR Putatan, at 1.20am on August 12, 2018.
Adzrul was ordered to serve the jail term from the date of his conviction but he managed to obtain a stay of execution of the sentence pending his appeal to the High Court.
Chin on Thursday ordered Adzrul’s bail terms revoked and bail money to be refunded.
The prosecution’s cross appeal against the inadequacy of the sentence also failed.
Adzrul was represented by counsel Michelle Usman while Deputy Public Prosecutors Najihah Farhana Che Awang and Mas Izzaty Lokman for the prosecution.
Meanwhile, two men were separately charged at the Magistrate’s Court with reckless driving which led to fatality.
On the first case, Sapri Repot, 39, was accused of driving a Nissan trailer lorry in a dangerous manner which caused the death of one Ng Chee Wing @ Wong Chee Wing at 10.45am on June 16, 2020 at Jalan Tuaran Bypass here.
On the second case, Sim Yun Kong, 40, allegedly drove a car in a dangerous manner which caused the death of a pedestrian, one Klaus Friedrich Walter Knolke at 7.38pm on March 10, 2020 at Jalan Tun Fuad Stephen here.
Both Sapri and Sim, who appeared before Magistrate Jessica Ombou Kakayun, pleaded not guilty to the charge against them, respectively.
They were charged 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 on conviction.
The court fixed Feb 6 and Feb 15 for case management of Sapri’s and Sim’s cases, respectively.
Sapri, who was represented by counsel Yusri Pungut, was offered bail at RM2,000 in two sureties, while Sim, who was represented by counsel Ariel Dasan, was released on a bail of RM3,000 in two sureties.
Traffic prosecuting officer Mohammad Khairul Nizam Mokhtar prosecuted.
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