SIBU: A 42-year-old Chinese national was on Monday (Apr 7) charged with reckless driving which claimed the life of Sabah Court Director Marutin Pagan on Mar 30.
Xue Song Sun, an engineer, claimed trial at the Magistrate’s Court here.
Magistrate Romario Jonoi ordered him further remanded and fixed pre-trial case management to May 16, pending reassignment of the case to a different magistrate.
Xue stands charged with driving a Proton X70 motor vehicle dangerously around 1pm at the Kanowit roundabout and causing the death of 56-year-old Marutin Pagan.
The offence is framed under Section 41(1) of the Road Transport Act 1987 which, upon conviction, provides for an imprisonment of between five and 10 years as well as a fine of between RM20,000 and RM50,000.
During the proceedings, Deputy Public Prosecutor (DPP) Mark Kenneth Netto submitted that in light of the not guilty plea, that the court order the suspension of Xue’s driving licence in accordance with Section 41(5) of the Road Transport Act 1987.
On the issue of bail, he asserted that Xue is facing a non-bailable offence under the First Schedule of the Criminal Procedure Code.
“Since the accused person is a foreign national, he is a flight risk. He is also facing a serious charge which if convicted may result in a 10 year imprisonment. Therefore, I am inviting this court to refuse the accused to be released on bail.”
He also called for an early trial date.
In the meantime, Xue’s legal counsel, Terence Tiong prayed for the next mention date to be fixed as he has been instructed by his client to put a letter of representation to the DPP.
In his ruling, Romario acknowledged that this is a non-bailable offence.
He also pointed out that it would be prudent for him to state that it may be unseemly for him to try the offence given that the deceased is someone that he personally knew.
Therefore, he recused himself from hearing the matter.
It was earlier reported that Marutin who had suffered severe head injuries was pronounced dead at the scene after being ejected from the vehicle on Mar 30.
He was travelling with his four family members in a Fortuner vehicle driven by a 28-year-old daughter.
According to Sibu Police Chief, ACP Zulkipli Suhaili, investigations found that the Fortuner was heading to Sibu from Kanowit when it was hit by the X70 upon reaching the Kanowit roundabout.
“The impact caused the Fortuner to overturn, throwing one of its passengers from the vehicle,” he said.
The Chinese national driving the X70 escaped unhurt, while Marutin’s four other family members in the Fortuner sustained minor injuries and were referred to Kanowit Hospital for treatment.
Marutin, who hailed from Machan, Kanowit, was formerly Sessions Court judge in Kuching, Sibu and Bintulu.
