PUTRAJAYA: The Court of Appeal today upheld a High Courtâs decision to acquit a technician for dangerous driving resulting in the death of a pillion rider six years ago.
The decision by a three-member bench led by Justice Datuk Has Zanah Mehat was a majority decision in dismissing the prosecutionâs appeal to set aside the High Courtâs verdict to acquit Mohamad âAtif Izzat Ajizi.
The majority decision came from Justices Has Zanah and Datuk Abu Bakar Jais while Justice Datuk Che Mohd Ruzima Ghazali dissented.
âThere is no merit in the prosecutionâs appeal and the decision of the High Court is maintained,â said Justice Has Zanah.
Mohamad âAtif Izzat, 26, who was a student at the time of the incident, thanked the judges after the decision was announced.
Mohamad âAtif was charged with dangerous driving which resulted in the death of Mohd Tajul Din Amran at the Gong-Kemubu road in Machang, Kelantan, about 6.40am on Sept 26, 2015.
The motorcyclist, teacher Mahmad Kamel Ishak, escaped with injuries.
On April 2, 2018, the Magistratesâ Court found Mohamad âAtif guilty of the offence and sentenced him to two yearsâ jail and imposed a RM5,000 fine in default 12 monthsâ jail.
On Sept 29, 2019, Mohamad âAtif was freed of the charge after the High Court allowed his appeal to set aside his conviction and jail sentence, prompting the prosecution to appeal to the Court of Appeal.
Mohamad âAtif was represented by lawyers Raja Mohd Afiq Raja Azmi and Wan Norfarhan Liyana Wan Baharuddin while deputy public prosecutor Nurul Farhana Khalid appeared for the prosecution. â Bernama
