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 Anticipation is the key, sam ke ting case

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Selectt
post Apr 16 2022, 02:59 AM

wattttt!!
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QUOTE(vincent2197 @ Apr 16 2022, 01:34 AM)
Perhaps I did not explain well, let me try again.

When you are driving, speed limit is only one of the factors you need to take into account, you have to also take into consideration of other road conditions.

Let me quote RTA1987 since you are talking about laws,
As you can see, there is no guarantee that if you drive within speed limit then you are not reckless. While you may not be guilty of exceeding speed limit, there can be times where even you drive within the limit but is still dangerous to the public, for example heavy rain or obstruction in the middle of the road etc.
Oh please be specific on this case, what other road condition you are talking about now. Dont need to swerve off topic. The point being brought forward was,

Driver:
1)-she was driving within speed limit (below 50km/h) as proven by majistret court and MIROS system.
2)-she couldnt see those riders under dark road condition and hilly condition

Road condition:
-Dark and not much light and jpj admitted the area is not fully lighted.

Rider: (mat lajak)
-Their basikal is not considered as valid transport vehicle because it has been modified.
-Basikal is not permitted to use in highway at all.
-Their basikal is modified to be lowered to the ground to reduce drag, this makes driver even more difficult to see them.
-Their basikal is WITHOUT ANY lights. Alot of people missed this important point.
-I have not yet give how fast riders are riding that time.

So we go to the core problem now which the Judge has decided she drove her car dangerously, which everyone here disagree. Now, you as accuser/prosecutor please prove how Ms Sam is driving dangerously when she is driving below speed limit under that road condition and riders that is not supposed to be on highway.

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Selectt
post Apr 16 2022, 07:34 PM

wattttt!!
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QUOTE(Azran1979 @ Apr 16 2022, 07:06 PM)
yes. correct.

https://www.bharian.com.my/berita/nasional/...alam-kemalangan

so this is not reckless driving to you. coz 9 "wild animals" stop by the roadside.
*
Death does not automatically validate driver is reckless. You need to provide prove beyond all reasonable doubt. It means you need to PROVE with EVIDENCE and not talking.

QUOTE
In a criminal case, the prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt. This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial.
and Sam's lolyar should be fired.
Selectt
post Apr 16 2022, 07:44 PM

wattttt!!
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Joined: Aug 2009
QUOTE(Azran1979 @ Apr 16 2022, 07:41 PM)
you do realize in court there is a thing called circumstantial evidence. right?
*
then?

 

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