Businessman convicted for reckless driving freed on bail pending appeal

A three-man panel led by Justice Datuk Hadhariah Syed Ismail granted Adrian Khoo Chin Hong a stay of execution of his jail sentence and his release on bail of RM8,000 with one surety pending disposal of his appeal.

The panel, also comprising Justices Datuk Nordin Hassan and Datuk See Mee Chun, ordered Khoo to report to the nearest police station on the first week of each month until the disposal of his appeal.

The court also allowed Khoo's application to obtain leave to pursue his appeal to the Court of Appeal, with one revised question of law for Court of Appeal to determine.

Deputy public prosecutor, How May Ling did not object to the leave application as well as the bail application made by Khoo's lawyer, Guok Ngek Seong.

Pursuant to Section 182A of the Criminal Procedure Code for an offence under Section 41 (1) of the Road Transport Act, the question is whether a maximum evaluation at the close of the defence case is the correct standard of proof, as opposed to beyond a reasonable doubt.

Since the matter originated from the Magistrate's Court, Khoo has to obtain leave from the Court of Appeal for the merits of the case to be heard.

On April 5, last year, the Shah Alam Magistrate's Court found Khoo, 28, guilty of driving his car recklessly at a traffic light junction in Persiaran Bestari, Shah Alam, Selangor at 7.10 am on Aug 29, 2012, resulting in the death of motorcyclist Shafiq Mahfok, 22.

The court sentenced Khoo to 36 months' jail and fined him RM10,000 in default 12 months' imprisonment. He was also barred from driving for two years. He paid the fine.

Khoo then appealed to the Shah Alam High Court, which dismissed his appeal on Aug 8, this year and ordered him to serve his jail sentence.

The Magistrate's Court had earlier stayed Khoo's jail term and allowed him to be released on bail of RM8,000 with one surety pending disposal of his appeal in the High Court.