An insurance agent has been acquitted of a drink driving charge brought against him following the death of a restaurant patron three years ago.
Magistrate Khairunnisak Hassni said the prosecution had failed to establish all the ingredients of the charge preferred against K Meena Sundram, 60.
She ruled that the charge framed against the accused was not in compliance with the law, and said the breathalyser test results tendered in evidence was doubtful.
Khairunnisak also said there was contributory negligence on the part of another driver leading to the accident.
“The evidence of the investigating officer is not credible,” she said.
The prosecution had called 13 witnesses to prove their case.
Meena Sundram was accused of driving with 117mg of alcohol per 100ml of blood in his system, exceeding the legal limit of 50mg per 100ml of blood.
He was charged under Section 44(1)(b) of the Road Transport Act 1987 with failing to control his vehicle and causing the death of Soh Cheng Keong @ Soh Chin Kiew, 76, at Jalan Klang Lama at 8.50pm on March 20, 2022.
The offence carries a jail term of between 10 and 15 years and a fine of between RM10,000 and RM30,000. If convicted, he would also have been disqualified from holding a driving licence for not less than seven years.
Eight other individuals sustained injuries when the accused’s vehicle crashed into the outdoor dining area of a restaurant. A nearby parked car was also damaged in the incident.
Deputy public prosecutor Anis Wahidah Mohamad prosecuted, while P Ari Krishnan and S Jayananda Rao represented the accused.
