PUTRAJAYA: A businessman is to serve a 24-month jail term for reckless driving and causing the death of a nine-month pregnant woman who was a passenger in another car.
Court of Appeal judge Datuk Seri Wira Abu Samah Nordin, chairing a three-man panel, Thursday unanimously dismissed Toh Sea Yong's final appeal to set aside a decision of the Kota Baru High Court, which had affirmed a 24-month jail term imposed on him by a Magistrate's court.
The other two judges on the panel were Justices Datuk Linton Albert and Datuk Wira Mohtarudin Baki.
After hearing submissions from both sides, Justice Abu Samah said the court held that there was no substantial miscarriage of justice on the evidence adduced before the court.
"Therefore, the appeal is dismissed and the appellant has to serve his sentence starting from today," said the judge. Toh, 42, appeared upset after the court delivered its verdict.
Toh was charged with driving in a reckless manner and causing the death of Noor Aslindawati Muhamed, then 22, who was in another car with her husband, at KM121.7 Jalan Raya Timur Barat, Jeli, Kelantan, at about 10am on Dec 8, 2003.
He was charged with committing the offence under Section 41 (1) of the Road Transport Act 1987 which carries a fine of up to RM10,000 and a jail sentence of between two and five years.
On May 24, 2010, the Jeli Magistrate's court sentenced Toh to a 24-month imprisonment and fined him RM5,000 after finding him guilty on the charge. The magistrate also ordered his licence to be suspended for two years.
Dissatisfied with the ruling, Toh brought the appeal to the Kota Baru High Court, which dismissed his appeal on July 7 last year.
According to the facts of the case, the woman's husband, Abdul Halim Hussain was driving the couple's car from Tanah Merah, Kelantan, to send his wife to Universiti Sains Malaysia in Penang, where she was a final year student.
Toh had tried to overtake a lorry when his vehicle careered to the opposite lane, crashing into the car carrying the couple.
Deputy public prosecutor Tengku Amir Zaki Tengku Abdul Rahman appeared for the prosecution while Toh was represented by Datuk Ghazi Ishak... - Bernama
MALAYSIA NEWS JAIL SENTENCE ACCIDENT DATUK