PETALING JAYA: A tour bus driver has failed in his appeal against a sentence of 45 months’ imprisonment and a fine of RM13,000 imposed by the magistrates’ court for dangerous driving that caused a man’s death and injured two others nine years ago.
The High Court in Alor Setar held that the sentence imposed on T Mariya Adisan, 46, was appropriate and within the magistrate’s jurisdiction.
“There is, therefore, no basis to interfere with or vary the sentence,” judicial commissioner Aimi Zaini Azhar said in a judgment dismissing Mariya’s appeal against both his conviction and sentence.
Mariya committed the offence at Km65.5 of the North-South Expressway near Pendang at about 5.40am on June 22, 2017.
As a result of the crash, Ruslan Saidin, 53, died at the scene. Lorry driver Syuhaimi Osman, 42, sustained head and leg injuries, while his co-worker, Rozi Ishak, 30, suffered a head injury.
The bus, carrying 28 passengers, was travelling from Lukut, Negeri Sembilan, to Hatyai, Thailand, when it rammed into the rear of a lorry. The impact caused the lorry to skid, crash into a road divider and overturn at the roadside.
Mariya was charged under Section 41(1) of the Road Transport Act 1987, which carries a jail term of between two and 10 years and a fine of between RM5,000 and RM20,000 upon conviction.
In default of payment of the fine, he would serve an additional 10 months in prison.
He was also disqualified from holding a driving licence for four years, and details of the offence were endorsed on his licence.
Aimi said Mariya’s conduct fell below the standard expected of a competent and prudent driver and amounted to dangerous driving.
“This court also upholds the admissibility and reliability of the dashcam recording and finds no evidence of tampering,” he said in the 22-page judgment released yesterday.
Aimi said Mariya’s dangerous driving caused Ruslan’s death, a fact supported by the testimony of a senior medical officer with 12 years of experience in forensic pathology.
He said the officer’s post-mortem examination confirmed that Ruslan died from head injuries sustained in the accident.
He said the magistrate was correct in rejecting the defence’s challenge to the medical officer’s qualifications and evidence.
“The magistrate was, therefore, correct in finding that the defence failed to raise a reasonable doubt,” he said.
On sentencing, Aimi said the court had considered Mariya’s status as a first-time offender and his family responsibilities.
However, these factors had to be weighed against the seriousness of the offence, which resulted in one death and injuries to two others.
Lawyer S P Raman represented Mariya, while deputy public prosecutor Farhan Aliff Ahmad appeared for the prosecution.
