LAST_UPDATETue, 19 Jun 2018 4pm

Justice Served For DUKE Tragedy's Victims, MyVi Drivers Get Jail, Fine

KUALA LUMPUR -- Justice has finally been served for the family members of a couple and their six-month-old child who were killed in an accident at the Duta-Ulu Klang Highway (DUKE) three years ago as the Magistrate’s Court found the two accused guilty of driving their Perodua MyVi cars recklessly which had resulted in the fatal accident.

Restaurant supervisor Siti Noor Aini Mohd Said, 39, and self-employed Mohammad Fizal Reza Jamauddin, 34, were each sentenced to three years' jail and fined RM10,000 by Magistrate Zilfinaz Abbas after she found that the defence had failed to raise reasonable doubts against the prosecution’s case.

The court also ordered the two accused to be jailed for another two years if they failed to pay the fine. They paid the fine.

The court also revoked their driving licence and barred them from applying for a new driving licence for the next five years.

The court however allowed the two a stay of execution pending appeal at the High Court, and raised the bail from RM9,000 to RM14,000 for each accused, with an additional requirement of having to report to the nearest police station once a month until the case was over.

Both Siti Noor Aini and Mohamad Fizal Reza looked calm and showed no reaction to the sentence meted out by Zilfinaz. Neither their family members nor the victims’ were present.

Earlier, lawyer Omar Bakhi Ahmad, who represented Siti Noor Aini, had requested to the court to impose a minimum sentence against his client on the grounds that she was a single mother who had to support an 11-year-old son, while S.N. Seelan, representing Mohammad Fizal Reza, requested for his client to be placed on a good behaviour bond as he had to take care of three small children.

Deputy public prosecutor Nurakmal Farhan Aziz, however, requested the court to impose a maximum sentence against both accused, taking into consideration the seriousness of the offence committed, which claimed not only one, but three lives.

“(If the accused is jailed) the family members (of the accused) will only be apart temporarily, and will be reunited later. In this case, the victims who died - the mother, the father and the baby – left behind two small girls ... (the couple’s other two children) not for a while, but for the rest of their lives,” he said.

On May 8, 2015, Mohammad Fizal Reza and Siti Noor Aini pleaded not guilty to driving in a reckless manner, resulting in the death of Fairuz Nizam Husain, 35, his wife, Nova Safitri Azhari, 27, and their six-month-old baby Nur Firuza Annisa.

Both were alleged to have committed the offence at KM6 of the Duta-Ulu Klang Highway (Duke) heading from Ulu Klang towards Jalan Duta, between 12.31 am and 12.35 am on May 2, 2015, under Section 41 (1) of the Road Transport Act 1987, which provides for a maximum jail term of 10 years and a fine of up to RM20,000 upon conviction.

Fairuz Nizam, Nova Safitri and Nur Firuza Annisa were on their way home after attending a wedding ceremony in Putrajaya when the accident occurred.

They leave behind their two other daughters, Nur Firuza Amira, 10,and Nur Firuza Aqila, 7.

The incident made headlines after the video recording of a race involving several reckless drivers on that fateful night went viral on social media.