
Justice K Muniandy said that there was evidence that a faulty steering lock in the pick-up truck driven by S Thevaindran, 53, had contributed to the accident.
He said a prosecution witness had acknowledged that Thevaindran was not speeding.
Thevaindran was found guilty on an amended charge after the High Court ruled that the prosecution had failed to prove that he had caused Chong Chee Hooi’s death by reckless or dangerous driving.
The original charge was framed under Section 41 of the Road Transport Act 1987 for driving recklessly or at a speed or in a manner dangerous to the public and causing death to another person. Those found guilty can be jailed up to 10 years and fined a maximum RM20,000.
Thevaindran was charged with committing the offence along Jalan Bangsar at about 2.30pm on March 22, 2016.
A magistrate last year found him guilty and sentenced him to four years in jail and a fine of RM14,000.
Pending his appeal to the High Court, Thevaindran, who was represented by A Srimurugan, was on RM10,000 bail.
The amended charge under Section 43(1) of the Act prescribes a jail term of up to 12 months and a maximum fine of RM10,000 for a first time offender.
The prosecution led evidence from seven witnesses while Thevaindran and an expert witness testified after his defence was called.
Srimurugan submitted that his client had maintained from the outset that the collision was caused wholly by a mechanical defect in the steering lock.
The lawyer, who was assisted by S Satharuban and A Ranjini, also pleaded that his client be given a fine due to the unique circumstances of the case.
Deputy public prosecutor Nur Aqilah Ishak prosecuted.
Thevaindran paid the fine.