DUKE tragedy: 2 motorists ordered to enter defence

KUALA LUMPUR: Two motorists accused of reckless driving that resulted in the death of three members of a family in May 2015 were today ordered by the magistrate's court here to enter their defence.

Magistrate Zilfinaz Abbas in making the ruling said the prosecution had succeeded in proving a prima facie case against Siti Noor Aini Mohd Said, 38, and Mohammad Fizal Reza Jamauddin, 33.

"The court finds the testimony of the ninth witness - a member of the public, credible and believable and supported by the testimonies of other witnesses.

"The court is satisfied with the testimonies of the witnesses and orders the two accused to enter their defence," she said.

Eighteen prosecution witnesses testified during the trial.

The court fixed Dec 13-14 for the defence trial.

The duo allegedly committed the offence at KM6, Duta-Ulu Klang Expressway (Duke) while driving their Myvi cars towards Jalan Duta from Ulu Klang, between 12.31am and 12.35am on May 2, 2015.

Their alleged reckless driving resulted in a crash with a vehicle which Fairuz Nizam Husain, 35, his wife Nova Safitri Azhari, 27, and their six-month-old baby Nur Firuza Annisa were in.

They are facing a charge under Section 41(1) of the Road Transport Act 1987, which carries a maximum 10 years imprisonment and a fine of up to RM20,000 upon conviction.

Siti Noor Aini's counsel Omar Bakhi Ahmad and Mohammad Fizal Reza's counsel S. N. Seelan said their clients had chosen to give sworn evidence from the witness box.

Deputy public prosecutor Muhammad Farith Muhd Faizal represented the prosecution. — Bernama