Senior civil servant convicted for careless, inconsiderate driving causing motorcyclist to die, obtains leave to appeal

PUTRAJAYA, Nov 21 — A senior civil servant who was convicted and fined RM6,000 for careless and inconsiderate driving resulting in the death of a motorcyclist 13 years ago has obtained leave from the Court of Appeal today to pursue her appeal against her conviction and fine.

A three-member panel of the Court of Appeal comprising Justices Datuk Hadhariah Syed Ismail, Datuk Azman Abdullah and Datuk Azmi Ariffin allowed the application by Mas Ayu Siti Asmah Hani Zainul Abidin after deputy public prosecutor Aznee Salmie Ahmad did not object to it.

The woman is appealing against the decision of the High Court which found her guilty of the offence.

Lawyer R.S.N. Rayer representing Mas Ayu requested the court to allow his client’s application for leave to appeal on three questions of law.

In delivering the court’s decision, Justice Hadhariah allowed the application with three legal questions to be decided by the Court of Appeal.

Mas Ayu, 42, who was a principal assistant secretary at the Penang government secretary’s office was found guilty and sentenced to nine months in jail and fined RM6,000, in default six months in jail, by the Magistrates’ Court in Sepang on January 10 last year for careless and inconsiderate driving resulting in the death of Fatima Zurwanti Zulkifly, 20.

The offence was committed at the roundabout of Jalan Persiaran Desa Pinggiran Putra, in Sepang, Selangor, at 6.30pm on June 14, 2010.

The Magistrates’ Court also ordered Mas Ayu to pay compensation of RM3,500 to the family of the deceased and ordered that her driving licence be endorsed with the details of her conviction.

The charge was framed under Section 43(1) of the Road Transport Act 1987 which provides a maximum fine of RM10,000 and shall be liable to imprisonment not exceeding 12 months.

She appealed to the High Court and on August 7 this year, the High Court in Shah Alam dismissed her appeal against her conviction.

However, the court set aside the nine months’ jail sentence, but maintained the fine and the other orders given by the Magistrates’ Court. — Bernama