PUTRAJAYA, Aug 15 — The Court of Appeal has dismissed a female civil servant’s appeal to overturn her conviction and RM6,000 fine for careless and inconsiderate driving that led to the death of a motorcyclist 13 years ago.
The three-judge panel led by Justice Datuk Ahmad Zaidi Ibrahim found that Mas Ayu Siti Asmah Hani Zainul Abidin failed to demonstrate that her appeal had any merit.
He said the Magistrate’s Court’s findings were based on cogent evidence, adding that the evidence of a key witness was supported by other circumstantial evidence.
Justice Zaidi said there was no misdirection on the part of the magistrate concerning the finding of facts.
The panel maintained the fine but overturned the High Court’s order requiring Mas Ayu to pay compensation to the family of the deceased.
He directed that the compensation paid to the deceased’s family be returned to Mas Ayu, saying that the provision in the Criminal Procedure Code allowing for compensation only came into effect in 2012, two years after the accident occurred.
Mas Ayu, 43, a principal assistant secretary at the Penang state government secretary’s office, was charged in 2020.
Sitting with Justice Ahmad Zaidi were Court of Appeal judge Datuk Azman Abdullah and High Court judge Datuk Noorin Badaruddin.
On January 10, last year, the Sepang Magistrate’s Court sentenced Mas Ayu to nine months in jail and imposed an RM6,000 fine in default imprisonment of six months.
She was also ordered to pay RM3,500 in compensation to the deceased’s family and her driving licence was endorsed with details of her offence.
On August 7 last year, the High Court upheld her conviction but varied the sentence by removing the jail term previously imposed by the Magistrate’s Court.
Mas Ayu was convicted of driving a car carelessly and inconsiderately, leading to the death of Fatima Zurwanti Zulkifli, 20.
The accident occurred at the Jalan Persiaran Desa Pinggiran roundabout in Sepang, Selangor, at 6.30pm on June 14, 2010.
Lawyers R.S.N. Rayer and R. Thandayuthabany Pillay represented Mas Ayu, while deputy public prosecutor How May Ling appeared for the prosecution.
— Bernama
