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Sam Ke Ting, who was 22 when her car hit a group of teenage cyclists in 2017, killing eight of them. Photo: Facebook

Malaysia’s racial tensions flare as 1MDB prosecutor set to defend ethnic Chinese driver who killed eight Malay cyclists in 2017

  • Gopal Sri Ram, main prosecutor in 1MDB trial, to lead Sam Ke Ting’s appeal against conviction for reckless driving that killed, injured teenagers
  • Malaysians divided over new ruling that overruled the 27-year-old’s acquittals in 2019, 2021 and sentenced her to six years in prison
Malaysia

An ex-judge turned lead prosecutor in the ongoing 1Malaysia Development Bhd (1MDB) case against former prime minister Najib Razak and a criminal lawyer who defended him have teamed up to appeal against a young driver’s prison sentence for killing eight teenage cyclists.

The guilty verdict reached last month for Sam Ke Ting’s 2017 reckless driving manslaughter case made big waves in Malaysia and revealed a fractured society with many people viewing court rulings through a racial lens.

This tendency is likely to be further highlighted now that the two legal heavyweights have thrown their weight behind Sam, who has Chinese heritage, whereas the eight victims, all boys, were of Malay descent.

Former Federal Court judge Datuk Seri Gopal Sri Ram, the lead prosecutor of the 1MDB trial, and Harvinderjit Singh, one of Najib’s legal team in the related SRC International Sdn Bhd case, have offered their services free of charge to 27-year-old Sam, who was 22 at the time of the accident.
The guilty verdict reached last month for Sam Ke Ting’s 2017 reckless driving manslaughter case has shown that many people view court rulings through a racial lens. Photo: Facebook

They aim to appeal against her conviction and six-year jail term meted out by the Johor Bahru High Court on April 13.

Sam was twice acquitted in a magistrate court, in 2019 and 2021, after prosecutors failed to prove a case of reckless driving against her. But her good fortune reversed when High Court Judge Datuk Abu Bakar Katar ruled that the lower court had been wrong, and tried to put her behind bars.

She is, however, currently free due to a US$2,200 bail bond.

In the early hours of February 18, 2017 Sam was driving along a ring road in Johor state in southern Malaysia when she collided with a group of around 30 teenage boys pedalling fast, highly modified, brakeless bicycles. The boys were not wearing helmets and reflective jackets.

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Eight of them died and eight were treated in hospital.

These illegal bikes are commonly referred to as basikal lajak and are often ridden by boys who race one another at high speeds on roads – and then take a “Superman position” with their abdomen on the saddle and legs extended backwards – when there is not much traffic.

Race became an issue in the aftermath of the tragedy in large part because of a vocal focus by some Malays – the group accounts for the majority of the population, or 60 per cent – over losing some power to the Democratic Action Party, a multicultural but predominantly Chinese party which had been in opposition for many years before becoming a key member of the 2018 coalition.

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Malaysians of Chinese ethnicity are the nation’s second largest ethnic group.

After Sam’s initial acquittal in 2019, former assemblyman Iskandar Samad and treasurer of the Islamist party Pas urged his Facebook followers to “realise their place” and asked them what they ought to do about it.

“Okay gentlemen, now you realise right, our position in this country. What do you all want to do now?” he asked.

There was a similar reaction from a popular Facebook page affiliated with the powerful Malay nationalist party Umno, which had a post saying: “Eight children run over dead, one Chinese daughter freed”, and asserting that “the killer is freed because she is Chinese”.

This narrative was heavily played up by Umno and its allies in the Islamic Party of Malaysia (PAS) following multiparty, multi-ethnic coalition Pakatan Harapan’s (PH) historic win in the 2018 general election.

Umno supporters sing during the party’s 71st anniversary celebrations in 2017. Photo: AFP

Less than two years later, the new government was gone and the old ruling Umno party was back in power, amid a host of problems including corruption, personality clashes, economic woes and fears some Malaysians were not being well enough looked after.

“The narrative of Malays and Islam being marginalised was very effective, and was one of the most important things they (Umno) did to bring down the PH government,” said long-time Malaysian political observer James Chin, Director of the Asia Institute at the University of Tasmania in Australia.

With Umno running the show again, many pro-Malay supporters saw Sam Ke Ting’s jail term announced last month as justice, although not everyone agrees; there has been much vitriol against relatives of the victims who’d said they were grateful justice had finally been served.

Former senior judge Gopal Sri Ram, lead prosecutor in the 1MDB trial, has offered his services free of charge to Sam Ke Ting, who killed eight cyclists while driving in 2017. Photo: Handout

The judge has also been criticised for his verdict, with some members of the public analysing the scene of the crime, including how well lit the roads were and the physics of braking distances.

But Samantha Chong, a former deputy public prosecutor, said that while the public has access to certain information, they will probably not have enough knowledge to deal with the intricacies and technicalities of the legal system.

“Whatever is heard online or on social media does not capture the actual facts of the case,” said Chong.

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This, in addition to the judicial tradition whereby courts and judges do not explain their decisions, has led to a gap between them and the public, with the latter therefore increasingly inclined to create their own narratives.

“Justice must be done, and also be seen to be done,” Chong added.

Malaysian sociologist Associate Professor Awang Azman Awang Pawi also highlighted this lack of understanding of the legal system as to why many people do not trust it and said socioeconomic differences were more likely than racism to be a factor.

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“These pockets of Malay groups exist because of their tough economic background with very little legal literacy, and feelings of low self-esteem, a result of political and economical elites constantly telling them that they are lazy,” he said.

Therefore, when something happens to someone of a similar social standing, the group feels a collective sense of powerlessness against the law, he added.

This has led to poor people facing lengthy prison terms for petty crimes, like stealing milk formula to feed hungry children.

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But those with money and access to the best lawyers remain free even after being convicted, particularly former prime minister Najib, his guilt overshadowed by a 1 million ringgit (US$227,000) bail bond pending his appeal.

It is a major point of contention to many.

“Nagaenthran, [executed]. Sam Ke Ting, convicted. [Najib Razak], walking free. There truly is no justice,” said Twitter user Hafiz Tajuddin.

Nagaenthran Dharmalingam was a Malaysian man with a low IQ who was executed recently in Singapore for drug trafficking.

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Firdaus Husni from the Malaysian Centre for Constitutionalism and Human Rights said the public wants to see and believe in an independent judiciary.

She said looking at national interest issues with a racial slant deprives people of a focus on many important issues such as urban planning, youth empowerment and community development policies.

“A fair criticism of a case should be based on the documents or evidence presented in court, or the approach taken by the court in arriving at its decision, certainly not through racial lenses,” said Firdaus.

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Malaysia has previously experienced the effects of racial tension, including 1969 riots between Malays and the Chinese minority.

But political analyst Wong Chin Huat, from the Jeffrey Sachs Center on Sustainable Development at Sunway University, said society has changed for the better, and gave an example to illustrate his point.

“Those who support Sam Ke Ting cross racial divides. Two petitions online that have reached 850,000 signatures were started by Wan Junaida and Mohamad Ariffin, who are not Chinese.”

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