In February 2017, the streets of Johor Bahru were filled with the vibrant energy of the Chingay Parade, a historic “Procession of the gods” that has served as a symbol of unity for various races for over a century. Celebrated annually on the 21st day of the first month of the Chinese lunar calendar, the 2017 parade featured performers displaying the prowess of balancing giant 6-meter flags and modern acrobatics. To accommodate the massive crowds, several major roads in Johor Bahru were closed in stages from February 15 to 18, 2017.
It was against this festive backdrop that a tragedy occurred. At approximately 3:20 AM on February 18, 2017, a 22-year-old woman named Sam Ke Ting was driving home along Jalan Lingkaran Dalam after attending the Chingay celebration with her friends. The road was a hilly, curved stretch with dim lighting.
The Emergence of “Basikal Lajak”
As she navigated the descent after a hill crest, she encountered a massive group of 30 to 40 teenagers on “basikal lajak”. The courts described basikal lajak as a social phenomenon involving minors who ride heavily modified bicycles—often lacking basic safety features like brakes or lights—downhill at high speeds. These riders frequently performed a “superman” pose, lying flat on the seat to increase their velocity.
The group had effectively blocked the road, moving in a manner that the courts later found was impossible to avoid.
A See-Saw Legal Battle
The legal proceedings spanned six years and multiple court levels:
- Magistrate’s Court [2019| 5 LNS 110: Initially, the court acquitted and discharged Sam Ke Ting. The Magistrate found that the “situasi bahaya” (dangerous situation) was created by the basikal lajak group, not the driver.
- High Court [2022] 8 CLJ 982 HC: This decision was overturned by Judge Abu Bakar Katar, who sentenced her to six years in prison and a RM6,000 fine. The judge argued she should have been more cautious on a dark, hilly road, and that her lack of knowledge regarding basikal lajak activities was not a “license” to drive without considering others.
- Court of Appeal [2023] 5 CLJ 704 CA: In a final landmark ruling, the Court of Appeal restored her acquittal.
The Final Verdict: Defective Charges and Unavoidable Danger
The Court of Appeal, led by Judge Hadhariah Syed Ismail, identified two critical flaws in the case against Sam:
- Duplicity in the Charge: The prosecution had charged her for driving recklessly or dangerously. Under Section 163 of the Criminal Procedure Code, every distinct offence must have a separate charge; by merging two distinct limbs of the Road Transport Act, the charge became defective and illegal.
- Creation of Risk: The court emphasized that the basikal lajak group had created the hazard. The investigating officer (SP46) admitted the cyclists were blocking the path and that the collision was unavoidable unless the car could have flown over the group.
Ultimately, while the court expressed deep sympathy for the loss of eight young lives, it ruled that the accident was not caused by the appellant. The saga of Sam Ke Ting remains a pivotal case in Malaysian traffic law, highlighting the dangers of illegally modified bicycle activities notoriously known as “basikal lajak”.
Disclaimer: This post is for informational purposes only and does not constitute legal advice. Please consult a qualified lawyer for your specific legal needs.
