KOTA KINABALU: An appeal by a school teacher against his conviction and sentence for causing the death of another man due to reckless driving was dismissed by the High Court here yesterday.
Chief Judge of Sabah and Sarawak, Tan Sri Richard Malanjum, made the order in the appeal submitted by Fadley @ Rayner Khamis @ Patrick, after listening to arguments put forward by the prosecution and defence.
Counsel Ram Singh, who defended Fadley, asked the court to grant his client a bond of good behaviour, stating that the accident, which caused the death of a man on April 2, last year, had been due to the tire of his client’s car which had punctured, hence causing Fadley to lose control of his car and hitting the motorcycle. Ram added that at the time of the incident, it was dark.
Meanwhile, deputy public prosecutor, Luke Ressa Balang, argued that the chemist’s report had indicated that the tire had punctured only after hitting the motorcycle.
Fadley committed the offence at Km 5, Jalan Tenom, Lagud Seberang, in Tenom at around 7.30pm on April 2 last year. For the offence, he was jailed two years and fined RM5,000.
The offence, under Section 41(1) of the Road Transport Act, carries a maximum prison term of 10 years and a fine of not more than RM20,000.
At the same court a man convicted and sentenced for three drug abuse charges had his sentence enhanced when he was ordered to be given one stroke of the cane.
Chief Judge Tan Sri Richard made the order in the case of Mohd Nasrul Abdul Latip during the latter’s hearing.
His offence, under Section 39C of the Dangerous Drugs Act 1952, is punishable with a prison term not exceeding seven years, and not less than three strokes of the cane