MELAKA: The magistrate's court today found a man guilty of drink driving in an accident three years ago that killed a man and left his three children with permanent disabilities.
Magistrate Azureen Sahira Sauffee Afandi said the defence lawyers of Lee Han Wee, 45, failed to raise reasonable doubt.
"The accused is sentenced to 10 years in prison from today, date of conviction and fined RM70,000. Failure to pay the fine will result in an additional 12 months in prison. His Class D driving licence will be suspended for 10 years following the completion of his prison sentence," she said.
Lee was charged with driving under the influence of alcohol and causing the death of Abdul Rahim Mohamad, 53, on Jalan Limbongan, Klebang at 12.45am on Nov 29, 2021.
He was charged under Section 44 (1)(b) of the Road Transport Act 1987, which carries a maximum penalty of 15 years imprisonment, a RM100,000 fine, and a 10-year ban on driving.
The prosecution was conducted by deputy public prosecutors Tuan Ahmad Sazali Omar and Sharina Farhana Nor Sa'ari, while the defense was represented by lawyer Al Hirzan Mohd Akhir.
The defence sought a stay of the sentence to file an appeal in the High Court, citing the defendant's need for his hip injury's follow-up treatment.
"This offence should not be taken lightly. The prosecution opposes the request for a stay of the sentence on the grounds that no special circumstances were presented, and the defendant can receive medical treatment in prison for his injuries.
"The defendant should serve the full sentence, but if the court grants the stay, we request that bail be doubled from RM15,000," the prosecution said.
The court granted the stay of the prison sentence, but the fine must be paid today. Bail was increased to RM20,000.
The deceased's widow, Norizan Mat Isa, 43, expressed her gratitude for the court's decision.
She said her three children — Wardah, 23; Nurul A'liyah, 16; and Sofia U'mairah, 14 — were also in the accident and suffered permanent disabilities.
"Wardah has a metal rod in her arm, Nurul A'liyah suffered brain injuries affecting her cognitive abilities and Sofia U'mairah has a broken arm that affects her mobility.
"I am accept the court's decision not out of vengeance or anger, but the fact that all this was the result of his drink driving riles me up.
"Allah has answered our prayers. I hope the sentence remains after appeal," she told reporters outside the courtroom today.
The trial, which began on Aug 8, 2022, involved 13 prosecution witnesses and four defence witnesses.