| Fadley Faisal |
THE High Court recently upheld an appeal against the decision of the Magistrate’s Court which convicted a person over a road traffic accident offence. The High Court overturned the Lower Court’s decision, acquitting the convicted appellant.
LLP 19397 Muhammad Abdul Syazani’s appeal was upheld as Justice James Findlay found the Magistrate’s Court decision in convicting the appellant was neither “safe nor satisfactory.”
Justice Findlay reasoned that both cars were in opposing lanes and both drivers had claimed each of them had encroached into their side of the lanes, resulting in the collision. None of the witnesses’ testimonies give support to the prosecution case. Not even the rough sketch made by police in the accident and damage report as well as evidence from the scene, according to Justice Findlay, also could have been weighed in the appellant’s favour.
Lawyer Adrian Chan of M/S Yu & Chiew represented the appellant.
DPP Sharon Yeo appeared as respondent on behalf of the Public Prosecutor.