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May 16 decision on tanker driver’s negligence case BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

May 16 decision on tanker driver’s negligence case

Posted: 29 Apr 2014 05:47 PM PDT

by Suraini Andokong. Posted on April 30, 2014, Wednesday

KOTA KINABALU: The Magistrate's Court here will deliver its decision on May 16  on a fuel tanker driver who was charged with two counts of negligence for causing danger to the lives of train passengers who suffered hurt and grievous hurt.

Magistrate Cindy Mc Juce Balitus set the date to give her judgement on Pauleh Dansun, 43, who was involved in a collision with a train at Jalan Kepayan on Oct 31, 2012.

On the first count, he was alleged to have negligently caused hurt by an act which endangered the lives of the train passengers, namely, to Asneh Papang, Norfaisma Ismail, Norafidah Jalani, Joseph Kulip, Bibiana Mojulat and Sapiah Masri aged between 64 and 20, on Oct 31, 2012 between 5.30pm and 5.45pm in front of a fuel station at KM 8, Jalan Kepayan.

Dansun who hails from Kampung Togung, Menggatal, was charged under Section 337 of the Penal Code which provides for a maximum six months' jail or a fine or both, upon conviction.

He also faced a second charge of negligently causing grievous hurt by an act which endangered the lives of the train passengers, namely, to Rahmah Rahmat, 48, and Rauziah Ramli, 38, during the collision between the lorry and the train at the same time and place.

The second charge leveled against Dansun was framed under Section 338 of the Penal Code which carries a jail term of up to two years or a fine or both, upon conviction.

On June 17, 2013, the accused was freed by the same court without calling for his defence as the trial judge ruled that the prosecution had failed to establish a prima facie case against the accused.

The prosecution then appealed to the High Court here against his acquittal and the appeal was allowed to which Dansun was ordered to enter his defence on the two charges.

Deputy public prosecutor Wan Azwan Aiman Wan Fakhruddin appeared for the prosecution while counsel Ram Singh represented Dansun.

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