Injustice anywhere is a threat to justice everywhere.
– Martin Luther King, American civil rights leader
WHEN justice is served, it is a powerful moment that can restore faith in the rule of law and promote social cohesion.
On April 19 2022, I wrote a column titled ‘“Has the definition of justice been changed’.
This was in response to a court case decision many felt did not comply with the concept of justice.
Here is a quick recap. In 2017, an accident occurred in Johor Baru where a 22-year-old lady named Sam Ke Ting unexpectedly encountered a group of around 30 teenagers riding their illegally modified bicycles (basikal lajak) on a poorly lit road at 3 am.
Unfortunately, her car hit and killed eight teenagers aged between 13 and 16. Sam was charged with driving recklessly or dangerously, but she was acquitted twice by the Magistrate’s Court.
In a well-reasoned and comprehensive decision, Magistrate Siti Hajar Ali, twice (in 2019 and in 2021) cleared Sam of wrongdoing and added that the teenagers had put themselves in danger by riding their illegally modified bicycles.
Strangely, for some reason, the prosecution appealed. On 13 April last year, at the Johor Bahru High Court, Sam was convicted and sentenced to six years in jail without bail and a RM6,000 fine.
The verdict sparked criticism of the perceived biased judicial decision, triggering the sharing of my opinion.
Sam went to the Court of Appeal to seek justice. I am not going to delve into the legal intricacies of the court case as the focus here is on the importance of justice.
After what must have been an excruciating six-year legal battle, Sam has finally been vindicated.
The three-judge panel at the Court of Appeal (COA) in Putrajaya led by Justice Datuk Hadhariah Syed Ismail on April 11 2023 delivered a stunning and unanimous verdict, overturning her conviction for reckless driving.
The court held that the charge against Sam was defective.
Sam can finally walk free again after years of living under the shadow of a wrongful conviction that threatened to strip her of her freedom and her future.
The sheer relief and joy of this moment will be felt not just by Sam but by all those who have followed her story and stood by her through the darkest of days. After all the hardship, heartbreak, and uncertainty, justice has finally been served.
The words “You are now a free person” must be the sweetest words an innocent person can hear after a prosecution, tinged with various agendas unrelated to their stated role.
Overall, Hadhariah’s judicious questioning and emphasis on fair and honest justice played a significant role in the appellate court panel’s decision.
The late Datuk Seri Gopal Sri Ram was supposed to lead the defence team in Sam’s appeal. He would have been pleased with the outcome.
It would be good to pass regulations or a law specifically to outlaw basikal lajak as this would protect the many innocent road users. I am sure you would not like to see a repeat of the Sam Ke Ting case.
Over the years, confidence in the Malaysian judiciary has been dented several times. However, this case, at the Magistrate’s Court and the COA, has helped to restore confidence.
The importance of ensuring that justice is done cannot be overstated, as it is essential for maintaining public confidence in the justice system.
The public relies on the justice system to be fair, impartial, and unbiased in its decisions. Any perception that justice has not been served can erode the public’s trust in the system.
“Justice delayed is justice denied,” goes the old adage. For Sam, justice was delayed and nearly denied altogether.
When justice is done, it sends a clear message that the rule of law prevails and that everyone is equal before the law. This can help promote social cohesion and prevent individuals or groups from taking matters into their own hands.
It can also serve as a deterrent to would-be offenders as they know that they will face the consequences of their actions.
Conversely, not doing justice can undermine the public’s confidence in the justice system. This can lead to a loss of faith in the rule of law, seriously affecting social stability and security.
In addition, it can lead to a sense of injustice among those who have been wronged, leading to anger, frustration, demonstrations and potentially even violence.
Ultimately, the importance of ensuring that justice is done cannot be overstated.
It is essential for maintaining the public’s confidence in the justice system, promoting social cohesion, and preventing individuals or groups from taking matters into their own hands.
Let us pray that we are blessed with right thinking leaders and judges.
The views expressed here are those of the columnist and do not necessarily represent the views of New Sarawak Tribune.
