Reckless driving: Appeal discontinued as appellant has died

KOTA KINABALU: The High Court here yesterday discontinued an appeal of an 83-year-old man against his conviction and sentence for reckless driving which resulted in the deaths of a husband-and-wife in Penampang, two years ago.

Justice Datuk Nurchaya Hj Arshad made the order on Junip Omar after counsel Datuk Norbert Chin, who represented him, informed the court that they wanted to withdraw the appeal.

The counsel stated in a letter dated November 2 this year that they decided to withdraw the appeal as the appellant had passed away on October 16.

On April 6, Junip was sentenced to four years' jail and fined RM8,000, in default, 12 months' imprisonment after he was found guilty by the Traffic Court here of committing the offence.

Junip was also ordered to compensate the victims' family in the sum of RM10,000, in default, six months' jail.

Apart from that, the lower court also ordered Junip's driving licence suspended for three years and the conviction to be endorsed on his driving licence.

Junip was convicted of driving a Mitsubishi Pajero in a dangerous manner, which caused the deaths of Bunsilak @ Anastasius, 69, and his wife Tilis @ Bibiana Jikoni, 65, who were on a motorcycle at the roundabout of the Penampang by-pass, at 11.40am on Dec 17, 2014, after the defence had failed to cast doubt on the prosecution's case.

The charge was framed under Section 41(1) of the Road Transport Act 1987 which carries a jail term of up to 10 years and a maximum fine of RM20,000, upon conviction.

However, at that time, the lower court had allowed Junip's application for a stay of his execution, pending disposal of his appeal.

During the trial, 12 prosecution's witnesses were called to testify and the defence had two witnesses.

This case was first brought to court on August 27, 2015.