It was a majority decision, with bench chairman Has Zanah Mehat and Abu Bakar Jais dismissing the prosecution’s appeal. Che Mohd Ruzima Ghazali dissented.

“There is no merit in the prosecution’s appeal and the decision of the High Court is maintained,” Has Zanah said.

The respondent, Mohamed Atif Izzat Ajizi, 26, heaved a sigh of relief before rushing out of the court to offer his prayers. He was a student at the time of the crash but is now working as a technician.

Atif was charged with dangerous driving over a collision between his car and a motorcycle, resulting in the death of pillion rider Mohd Tajul Amran.

The motorcyclist, teacher Mahmad Kamel Ishak, however, escaped with injuries.

Atif, was alleged to have committed the offence at Jalan Gong-Kemubu in Machang, Kelantan, about 6.40am on Sept 26, 2015.

The magistrates’ court in 2018 found Atif guilty of the offence and sentenced him to the minimum two years’ jail and a further fine of RM5,000 under Section 41 of the Road Transport Act 1987.

He was out on RM5,000 bail pending his appeal to the High Court which was allowed in 2019.

Earlier, Abu Bakar told deputy public prosecutor Nurul Farhana Khalid that a question of law that was posed had already been answered and settled by a previous Court of Appeal bench.

The question was whether contributory negligence by the deceased (Tajul) was applicable under the Road Transport Act.

“The prosecution cannot camouflage this question of law just to file an appeal,” he said.

Lawyer Raja Afiq Raja Azmi, who represented Atif, submitted that Tajul was negligent as he had not worn a crash helmet.

He said his client should be given the benefit of the doubt as there were two versions of the event.

“One version is that the motorcyclist had given a signal to turn right at a junction while my client’s evidence is that there was none,” said the lawyer who was assisted by Wan Norfarhan Liyana Wan Baharuddin.