'Wrong place, wrong time': Driver in chain collision that killed motorcyclist appealing against sentence
SINGAPORE — A minibus driver in a chain collision that killed a 47-year-old motorcyclist along the Pan-Island Expressway (PIE) is appealing against his sentence of a week's jail and a driving ban of 15 months, saying he was the victim of being in the "wrong place at the wrong time".
According to a judgement made available on Wednesday (Jun 5), the incident occurred at around 6am on Jan 11, 2021, along the PIE towards Changi Airport.
It was drizzling when a taxi driver side-swiped the motorcyclist, Mr Kenneth Tung Wen Loong, while changing lanes, causing the motorcyclist to fall onto the road.
A car driver, 34-year-old Mabel Wang Ziqi, managed to stop her vehicle in time and avoided the fallen motorcyclist.
However, a minibus driver behind her — the accused M Yunoss Yusoff — could not stop in time and collided with the back of her car before hitting the motorcyclist, who was getting up from the road.
Yunoss, a 66-year-old Singaporean, pleaded guilty to one charge of causing hurt to a car driver and passenger by failing to keep a proper lookout, such that he collided with the back of the car.
The co-accused taxi driver, 70-year-old Poh Ten Hoo, was sentenced to two weeks' jail and given an 18-month driving ban for his role in the incident.
Ms Wang, whose car was smashed inwards from the impact of Yunoss' collision, received a payout of S$54,957 from her insurance company arising from a claim she made against both Poh and Yunoss.
Yunoss had a record of previous traffic violations for failing to wear a seat belt, dashing a red light and speeding.
SENTENCING ARGUMENTS
The prosecution sought one to three weeks' jail for Yunoss and a driving ban of 12 to 18 months.
Yunoss' lawyer, Mr Mohamed Sarhan Mohamed Ikhbar from the Public Defender's Office, sought a fine of S$1,250 instead and a driving ban of 11 months.
The defence noted that the victims in the charge suffered relatively minor injuries — the female driver had strained muscles in her neck and shoulders while her passenger suffered neck strain.
The lawyer also argued that Yunoss had not started the chain of events that resulted in the injuries.
Yunoss was "simply unable to stop in time" after the female driver stopped her car, the lawyer said.
He added that Yunoss is the sole breadwinner and would be unable to take on any other job if his licence is revoked.
The defence argued that Yunoss can no longer drive his minibus once he turns 75 under the Road Traffic Rules. If a lengthy driving ban results in his driver's licence being revoked, he would be unable to earn any income for a few years, said the lawyer.
District Judge Salina Ishak said it was clear from video footage that there was sufficient distance between the minibus and the car for Yunoss, but that Yunoss could not stop in time as he failed to keep a proper lookout.
There was no exact evidence of Yunoss' speed, but the judge said Yunoss was driving a minibus that was larger than a normal car and he ought to have exercised greater care by keeping a safe distance.
"In the present case, there was a higher degree of carelessness on the accused's part as the risk was mitigable had he driven the minibus — a heavy vehicle — at a slower speed and exercised greater care when driving due to the inclement weather conditions," said the judge.
She said Yunoss would have been travelling "at a significant speed" based on the property damage to the rear of the car.
She said the 11 months' driving ban sought by the defence was "wholly inappropriate" in light of the injuries caused, the extensive property damage and the significant potential harm. CNA
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