Shen Keting’s case caused netizens to shout “the justice is not fair, where is the law of heaven”.
Judge Abu Bakar said when reading the verdict that during the trial, the defendant Shen Keting argued without oath that there was no group of teenagers riding bicycles at the scene of the crime, and that other vehicles hit the teenagers and ran away, but this is not the case. The claim has not been made before.
He noted that the court failed to take into account the defence’s inability to challenge the prosecution’s arguments for detours, uneven roads and dangerous driving on the road.
He said that it was 3:20 a.m. at the time of the incident. The scene was poorly lit and the visibility was limited. The defendant should drive more carefully. If the speed did not exceed 50 kilometers per hour, the accident might have been avoided.
Abu Bakar said that based on the above points, the court believed that the defense could not raise reasonable doubts during the self-defense process, whereas the prosecution ruled out reasonable doubts, and therefore ruled that the defendant Shen Keting was guilty.
Prosecutor Tunku Amirzaki asked the court to use Section 41(1) of the Road Transport Act 1987 as amended by Parliament in 2020 to increase the minimum jail term from two years to five years in the public interest. .
He said the case resulted in the deaths of eight juveniles, however the accused had not received any punishment so far and asked the judge to sentence the accused to a minimum of eight years in prison.
Mosquito bike case process
On February 18, 2017, at 3:20 in the morning, a 22-year-old female driver, Shen Keting, was unable to avoid a sudden mosquito-shaped bicycle in the driveway, causing a tragedy. The accident resulted in the deaths of 8 teenagers on a mosquito bike. At that time, the prosecution charged Shen Keting under Section 41(1) of the Road Transport Act 1987 (Dangerous Driving Causes Death). Due to the special circumstances, the traffic accident caused a stir in various forums, and soon it became a racial issue.
In 2019, Shen Keting was acquitted by the magistrate’s court. The reason given by Magistrate Judge Sitihaja was that Shen Keting had good behavior while driving – no drink driving, no mobile phone use, seat belts, and driving responsibly. In addition, the accident site was the driveway, and the time was 3:00 in the morning, and the driver could not expect a large number of mosquito-type bicycles.
**Furthermore, Mosquito bikes are dangerous riding tools – no brakes, the seat is the same height as the handlebars, allowing the rider to “lye” on the bike and ride dangerously. The same year, the prosecution appealed. The prosecution believes that the defendant, Shen Keting, should not be regarded as innocent for being unfamiliar with the road section.
The case will be heard again in 2021. As a result, the defendant was acquitted again due to insufficient evidence for the prosecution. Although the two rulings gave Shen Keting a verdict of not guilty. But days after the results came out, the prosecution filed another appeal.
In 2022, the Johor Bahru High Court overturned the original acquittal. Judge Datuk Abu Bakar convicted the defendant Shen Keting of causing death by negligent driving and sentenced him to six years in prison, a fine of 6,000, no bail, and immediate imprisonment (until the appeal is approved).