High Court allows appeal in road traffic offence case

Fadley Faisal

The High Court recently allowed an appeal by a man convicted of a charge under the Road Traffic Regulations, clearing him off conviction records.

Haji Mohd Yussop bin Haji Mohd Daud was ordered to settle a BND150 fine on March 2 or serve a week’s jail in default of payment for an offence after a trial in the Magistrate’s Court.

He was convicted on February 26 of a charge of driving a car on September 11, 2017 without compliance of Road Traffic Regulations on grounds of “each identification plate on any motor vehicle shall be black, and the distinctive letter or letters and number thereon shall be white or of aluminium”.

At the High Court appeal earlier this week, lawyer Ahmad Basuni Abas represented Haji Md Yussop and submitted that the charge for which Haji Md Yussop was convicted of had been repealed by the Road Traffic (Identification Marks) Regulations, 2008.

This was also acknowledged by DPP Nor Hafizah binti Ahmad who represented the Public Prosecutor as the respondent.

Another point raised by the lawyer was that the charge Haji Md Yussop was convicted of was a substituted charge.

“A defective charge cannot be cured by substituting the offence after considering the totality of the evidence and unsatisfactory nature of the complainant’s evidence,” Justice Pengiran Datin Paduka Hajah Rostaina binti Pengiran Haji Duraman said quoting lawyer Ahmad Basuni on his fight for Haji Mohd Yussop’s appeal.

Justice Pengiran Datin Paduka Hajah Rostaina allowed the appeal by acquitting and discharging Haji Md Yussop from the conviction of the charge, quashed the sentence handed to him and cleared him of any record of conviction  from the offence as well as refunding the fine which had been paid.