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5:43pm 15/04/2022
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Reflection on the basikal lajak tragedy
By:Sin Chew Daily

Issues like these could trigger uncontrolled backlash on social media and could evolve into serious social issues that will tear our society apart at our slightest oversight.

A shocking reversal of the acquittal of Sam Ke Ting whose car in 2017 was involved in a road accident that killed eight teenage basikal lajak cyclists in JB! The JB high court overturned on Wednesday the twice innocent verdict by the magistrate court, and sentenced her to six years in jail and RM6,000 fine for reckless or dangerous driving resulting in the death of eight cyclists while suspending her driving licence for at least three years after her jail sentence.

The high court also refused to grant bail and a stay of execution of the conviction and sentence. The fact that Sam has to serve her jail sentence immediately until her appeal is granted is also causing widespread furor.

The sentence has since been hotly discussed on social media, and practicing lawyers claim that it is unusual for the high court to overturn the magistrate court’s earlier verdict. An online petition has since collected more than a million signatures from the sympathizing public.

The petition is meant to exert pressure on the authorities and acts as a channel for the public to vent their frustration towards the high court’s decision. Nevertheless, caution has to be exercised lest it is hijacked by irresponsible individuals turning the issue into a sensitive racial and political one.

The fact that this petition was started by a Malay social media user shows that the issue has transcended racial and religious boundaries as we reflect on this case from the social and legal perspectives.

From the judicial perspective, perhaps the high court judge needs to explain to the Malaysian public on what grounds he has overturned the magistrate court’s decision, for the simple reason that such a harsh punishment meted out to Sam will invariably exacerbate the pressure on all road users.

As for how the high court judge came to the decision in this whole proceeding, we could only attempt to seek an answer from the sentence he handed down.

And for public reactions, perhaps they should also inspect the case from varying points of view and consult the professionals instead of dancing to the tune of emotionally charged non-professional opinions abounding on social media.

Also, on what grounds had the prosecutors continued to appeal against the magistrate court’s twice acquittal verdict on the accused? This is what the Malaysian public are eager to find out, too.

The case entailed the lives of eight youngsters, and one that is closely followed by the Malay society. It is therefore completely logical for the prosecutors to pursue the case.

Meanwhile, Sam still has an opportunity to appeal and let the country’s judicial system clear her name.

Anyone of us can potentially become Sam Ke Ting number two, or a victim of another fatal accident, or the victim’s family member. No one wants such a tragedy to befall him or her.

As the Malay proverb goes, malang tidak berbau, and to avert similar tragedy, we must not allow racist sentiment and our emotions to lead us by the nose.

Sam Ke Ting may regain her freedom one day, but the ordeal will stubbornly stay with her for the rest of her life and have a powerful and haunting impact on her future life, career and family.

She must have wished that this whole thing had not taken place at all. Besides legal assistance, she also needs moral support and professional counselling through her darkest days.

There are many lawyers in politics, and our political parties absolutely have the resources to provide her legal assistance.

Assistance aside, political parties also have a pivotal role to play in their legislative obligations. They must reinforce their functionality in hastening the government’s law amendment process to right the flawed legal provisions and make sure they go well with the changing times and meet the aspirations of the society at large.

We can’t bring back lives lost to racing modified bikes at the wrong place and time; nor can Sam’s punishment do the same.

Did the tragedy teach the parents of the deceased a lesson? Did it serve as a warning bell to awaken more parents of defiant teenagers to the reality that they indeed needed to pay more attention to the inclinations of their children and the activities they are engaged with their friends?

Did basikal lajak vanish immediately after that fateful incident? Did the authorities ever review it?

There have been loads of proposals offered by our politicians, but have they explored their feasibility? And do they have the political will to resolve the problems? Have the authorities tightened their control over unlawful modification of bicycles and other vehicles?

Issues like these could trigger uncontrolled backlash on social media and could evolve into serious social issues that will tear our society apart at our slightest oversight.

We need to contemplate cautiously and not to allow such a tragedy to set off a string of so-called righteous arguments and not bring about any positive effect in perfecting our society.

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