A former trailer driver found guilty of driving dangerously and causing the death of four in a family five years ago will get a final chance to challenge his conviction and sentence.
A three-member Court of Appeal bench chaired by Justice Zaini Mazlan today allowed the two legal questions posed by Y Vethri Vel for appeal.
The first question is whether an appellate court – the High Court, in this case – can amend a charge of driving under the influence of alcohol to reckless or dangerous driving under the Road Transport Act (Act 333).
The second is whether the appellate court can amend a charge under Act 333 to causing grievous hurt, which is an offence under the Penal Code.
Justices Azmi Ariffin and Ong Chee Kwan were also on the panel.
On Dec 13, 2023, the Sungai Siput magistrates’ court convicted Vethri of driving under the influence of alcohol and causing the death of the four at KM37 of Jalan Ipoh-Kuala Kangsar, at 10.20pm on Feb 13, 2020.
He was sentenced to four years in jail and fined RM20,000.
The deceased were police officer Faiz Bakhari, 28; Nik Iedayu Nik Hassan, 30; Nik Ifeka Nik Hassan, 27; and 16-month-old Faqih Irsyad Faiz. The incident also caused severe injuries to Fariz Iskandar Faiz, who is now eight years old.
In June this year, the High Court in Taiping doubled Vethri’s jail term to eight years and raised the fine to RM80,000 in dismissing the 31-year-old’s appeal against his conviction.
However, Justice Noor Ruwena Nurdin amended his four charges to causing grievous hurt before sentencing Vethri to two years’ jail per charge.
Today, the Court of Appeal allowed Vethri to be released on RM10,000 bail pending the outcome of his appeal.
He had been in prison since June 18 as the High Court had ordered him to start serving his eight-year jail term.
Lawyer RSN Rayer represented Vethri while deputy public prosecutor Zander Lim appeared for the prosecution.
