Jailed Trader Appeals Conviction For Traffic Offence Committed 10 Years Ago

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Adrian Khoo was sent to jail after he failed to secure a stay of his sentence from the High Court following an unsuccessful appeal last week. (Reuters pic)SHAH ALAM: A businessman, who was sent by the Shah Alam High Court to prison last week to serve a 36-month sentence for a traffic offence, has gone to the Court of Appeal to ask that his conviction and sentence be overturned.
Adrian Khoo, 28, however, must first obtain leave of the appellate court before the merits of his appeal can be heard since his case originated in a magistrates’ court.
Khoo said his case involved questions of law which warrant an argument before the appellate court.
One of the questions put forward is whether beating a traffic light amounted to an act of dangerous driving under Section 41 (1) of the Road Transport Act or whether it was merely an error in judgment.
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Another question is whether the failure of the magistrate to make a positive finding that the evidence led by the prosecution was true or must be true offended the rule set out in the case of PP v. Saimin (1972).
Khoo is said to have committed the offence 10 years ago.
He has filed a certificate of urgency to move the court to hear the leave application as quickly as possible.
“Any delay in the hearing will deprive the applicant (Khoo) of his personal liberty,” said his lawyer, Guok Ngek Seong, who filed the leave application yesterday.
The matter has been fixed for case management before a deputy registrar on Friday.
Last week, Shah Alam High Court judge Karim Ab Rahman dismissed Khoo’s appeal against a magistrates’ court ruling last year.
Karim also refused Khoo a stay of sentence pending the disposal of his application for leave, resulting in Khoo’s imprisonment.
In the magistrates’ court proceedings, Khoo’s imprisonment term had been stayed pending the disposal of his initial appeal to the High Court. He has also fully paid a fine of RM10,000.
Khoo was charged with driving his car recklessly, or dangerously, at a traffic light junction along Persiaran Bestari here at about 7am on Aug 29, 2012, resulting in the death of motorcyclist Shafiq Mahfok, 22. - FMT

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