Kota Kinabalu: A 46-year-old man, who was jailed three years and fined RM5,000 for dangerous driving which caused the death of a motorcyclist in Kota Belud, was freed of the charge.
High Court Judge Wong Siong Tung allowed Azrih Marikan’s appeal against his conviction and sentence.
Wong set aside the conviction and sentence imposed by the Magistrate’s Court on him by ruling that the conviction of Azrih was not safe.
Azrih was on Feb 28, 2020 sentenced to three years in jail and fined RM5,000 or 12 months’ jail by the Kota Belud Magistrate’s Court after he was convicted of the offence.
Azrih was found guilty of driving a Ford Econovan in a dangerous manner which resulted in the death of a motorcyclist one Alfred Gusti at 9pm on July 13, 2018 at Jalan Kota Belud–Kota Marudu (Kg Mantanau) in Kota Belud.
The offence under Section 41 (1) of the Road Transport Act 1987 provides for a jail term of between two and 10 years and a fine of between RM5,000 and RM20,000 on conviction.
Azrih was ordered to serve the sentence from the date of the conviction date but he managed to obtain a stay of execution of the sentence pending his appeal to the High Court.
He was represented by counsel Luke Ressa Balang.
Meanwhile, a woman, an IMM13 holder, was fined RM700 or two months’ jail for committing affray.
Juliana Abd Wari admitted before Magistrate Lovely Natasha Charles to fighting with a woman Busrah Jul at a parking lot area at Asia City at 8.20pm on Aug 27.
The offence under Section 160 of the Penal Code carries a jail term of up to six months or a fine or both on conviction.
The court heard from the prosecution that both women lodged a police report, respectively following the incident and that Juliana suffered less injury than the other woman.
Unrepresented, Juliana requested leniency by saying that she has no permanent job and has one child.
The prosecution, in applying for an adequate sentence, informed the court that Busrah was on Oct 7 fined RM700 after she admitted to the offence.
In another case, a 32-year-old man was jailed eight months for removing two stolen rims and its tyres.
Harun Wisihim admitted to committing the offence at 3pm on Dec 10 at a house in Taman Bukit Setia, Sepanggar.
He was charged under Section 414 of the Penal Code.
