PUTRAJAYA: A former trailer lorry driver found guilty of dangerous driving that caused the deaths of four people five years ago has been granted leave by the Court of Appeal to pursue an appeal against his conviction and sentence.
A three-member bench led by Justice Datuk Mohamed Zaini Mazlan, along with Justices Datuk Azmi Ariffin and Ong Chee Kwan, allowed Y. Vethri Vel’s application for leave to appeal the High Court’s decision, which had doubled his prison term to eight years and imposed heavier fines.
On Monday (Sept 8), the appellate court also granted a stay of execution of the High Court’s decision pending the outcome of the appeal. Vethri Vel was released on bail of RM10,000 with one surety.
The court allowed two questions of law presented by Vethri to be ventilated and determined in the appeal.
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The first question is whether or not the High Court can amend a charge of driving under the influence of alcohol to reckless or dangerous driving under the Road Transport Act 1987; and the second, whether or not he High Court can amend a charge under the same Act to causing grievous hurt, a Penal Code offence.
Vethri Vel, through his counsel RSN Rayer, made the applications in the court today, and deputy public prosecutor Zander Lim Wai Keong did not object.
Lim also informed the court that the prosecution is also cross-appealing the High Court’s decision to amend the charges under Section 44(1)(b) to charges under Section 41 (1) of the same Act and Section 325 of the Penal Code.
Vethri Vel, 31, was initially slapped with two charges under Section 44 (1) (b) of the Act. For the first charge, he was accused of driving under the influence of alcohol and causing the death of Mohamad Faiz Bakhari, 28, his wife Nik Ledayu Nik Hassan, 30, their baby Muhammad Faqih Irsyad, 16 months, and Nik Ledayu’s sister Nik Ifeka Nik Hassan, 27.
For the second charge, he was accused of driving under the influence of alcohol, which had caused injuries to a surviving victim, Muhammad Fariz Iskandar, who is the elder son of the couple.
The offence was committed at KM37 of the Ipoh-Kuala Kangsar Road, in the Sungai Siput district, at approximately 10.20pm on Feb 13, 2020.
On Dec 14, 2023, the Sungai Siput Magistrate’s Court found Vethri Vel guilty of charges under Section 44 (1) (b) of the Act and sentenced him to four years in jail with a fine of RM10,000 in default 12 months’ imprisonment for each of the two charges. The prison terms were ordered to run concurrently.
On June 18 this year, the High Court substituted the charges, convicting him on four counts under Section 41 (1) of the Act and sentencing him to eight years’ jail and a RM20,000 fine in default three months’ imprisonment for each of the charges.
The High Court also convicted Vethri Vel on a separate charge under Section 325 of the Penal Code for voluntarily causing grievous hurt to Muhammad Fariz Iskandar, and sentenced him to two years’ imprisonment. All the sentences were ordered to run concurrently. – Bernama
