Man acquitted in fatal drinkdriving case to be retried
A man acquitted in 2022 from a charge of causing the death of a teenage motorcyclist while operating a vehicle under the influence of alcohol is to be tried again in the Magistrates’ Court here.
Accused Tang Ka Leong, represented by counsel Yap Hoi Liong, is to appear in court for pre-trial case management on March 18 to set the trial date for the case.
Lawyer Boston Ho, who is holding a watching brief for the family of the deceased, said High Court judge Wong Siong Tung had on June 16 last year set aside the acquittal and ordered a retrial on the ground of possible miscarriage of justice.
“Justice Wong had ruled that the conduct of the trial for the offence in question by the prosecution and investigation officer were perfunctory and lethargic, and that a flagrant miscarriage of justice had occurred.
“On this basis, Justice Wong ruled that this is an exceptional case and set aside the discharge and acquittal of the accused and remitted the case back to the Magistrates’ Court for re-trial,” he told a press conference here yesterday.
On Sept 26, 2022, the Magistrate’s Court discharged and acquitted Tang from a charge of driving while under the influence and causing the death of Chipedo Lee Chi Zhen at around 10pm along Persiaran Brooke on May 16, 2020.
The charge was framed under Section 44(1) of the Road Transport Act 1987.
The victim’s family filed an application to the High Court to review the lower court’s decision on Oct 24, 2022.
On June 16, 2023, the High Court ordered the case to be remitted back to the Magistrates’ Court for retrial, prompting Tang to appeal the decision to the Court of the Appeal.
However, the appellate court dismissed the appeal.