Muniandy Kannyappan JC:

Background Facts

[1] To recap, it was an accident case involving a Proton Saga car No AFB5421 (referred to as car/Saga interchangeably) and bus No JRR9199. At the relevant time both vehicles were travelling with the bus on the left and car to its right. The accident took place at North- South Expressway, near Bukit Gantang on 22 March 2019. One Thai national on the bus was killed in the mishap. The case was heard at the Taiping Magistrate Court and the car driver, S Abirami was found guilty as charged under s 41(1) of the Road Transport Act 1987 (Amended 1999) ( RTA ; Act 333).

[2] The Court had considered essence of the charge that:

- driver of the Saga drove in a dangerous manner, thus putting the other road users in danger

- as a result of the dangerous driving an accident with a bus occurred which caused the death of one passenger

Findings By Magistrate And Issues Arising

[3] The magistrate decided based on several factors. Firstly, he relied heavily on testimonies of prosecution witnesses, SP1, SP2 and SP4. Secondly, he shored up their testimonies with evidence and reports proffered by Puspakom officer, SP7 and chemist, SP9.

[4] The testimonies of SP1