PUTRAJAYA, Sept 8 — A former trailer lorry driver convicted of dangerous driving that caused the deaths of four in a family five years ago has been granted leave by the Court of Appeal to pursue his appeal against his conviction and sentence.
A three-member bench led by Justice Datuk Mohamed Zaini Mazlan, along with Justices Datuk Azmi Ariffin and Ong Chee Kwan, allowed Y. Vethri Vel’s application for leave to appeal the High Court’s decision, which had doubled his prison term to eight years and imposed heavier fines.
The court also granted a stay of execution of the High Court’s decision pending the outcome of the appeal. The accused was released on bail of RM10,000 with one surety.
The court allowed two questions of law presented by Vethri Vel to be ventilated and determined in the appeal.
The first question is whether the High Court can amend a charge of driving under the influence of alcohol to reckless or dangerous driving under the Road Transport Act 1987, and the second, whether the High Court can amend a charge under the same Act to causing grievous hurt, which is an offence under the Penal Code.
The accused, through his counsel R.S.N. Rayer, made the applications in the court today, and Deputy Public Prosecutor Zander Lim Wai Keong did not object.
Lim also informed the court that the prosecution is also cross-appealing the High Court’s decision to amend the charges under Section 44(1)(b) to charges under Section 41 (1) of the same Act and Section 325 of the Penal Code.
Vethri Vel, 31, was initially slapped with two charges under Section 44 (1) (b) of the RTA. For the first charge, he was accused of driving under the influence of alcohol and causing the death of Mohamad Faiz Bakhari, 28, his wife Nik Ledayu Nik Hassan, 30, their baby Muhammad Faqih Irsyad, 16 months, and Faiz's sister-in-law Nik Ifeka Nik Hassan, 27.
For the second charge, he was accused of driving under the influence of alcohol, which had caused injuries to a surviving victim, the the couple's elder son Muhammad Fariz Iskandar.
The offence was committed at Km37, Ipoh-Kuala Kangsar Road, in the Sungai Siput district, at approximately 10.20pm on February 13, 2020.
On December 14, 2023, the Sungai Siput Magistrate’s Court found Vethri Vel guilty of charges under Section 44 (1) (b) of the Act and sentenced him to four years in jail with a fine of RM10,000 in default 12 months imprisonment for each of the two charges.
The prison terms were ordered to run concurrently.
On June 18 this year, the High Court substituted the charges, convicting him on four counts under Section 41 (1) of the Act and sentencing him to eight years and a RM20,000 fine in default three months imprisonment for each of the charges.
The High Court also convicted the accusedon a separate charge under Section 325 of the Penal Code for voluntarily causing grievous hurt to Fariz, and sentenced him to two years' imprisonment. All the sentences were ordered to run concurrently.
