
A three-member bench chaired by Justice Hadhariah Syed Ismail allowed Mas Ayu Siti Asmah Hani Zainul’s application as there was no objection from deputy public prosecutor Aznee Salmie Ahmad.
Justices Azman Abdullah and Azmin Ariffin were also on the bench.
Lawyer RSN Rayer, who appeared for Mas Ayu, said the court approved three questions of law to be argued during the appeal.
“My client is appealing against the conviction and sentence as she could lose her job even though the high court only maintained the fine,” he said.
Mas Ayu, who is now a principal assistant secretary at the Penang state secretary’s office, was convicted of the offence, sentenced to nine months’ jail and fined RM6,000.
The Sepang magistrate’s court on Jan 10 last year also ordered her to pay RM3,500 in compensation to the deceased’s family. She paid the fine and compensation and had her licence endorsed with details of the offence.
Mas Ayu, 42, was said to have been careless and inconsiderate when driving a car, resulting in the death of Fatima Zurwanti Zulkifli, an offence under Section 43(1) of the Road Transport Act 1987.
The accident took place at the Jalan Persiaran Desa Pinggiran roundabout in Sepang at about 6.30pm on June 14, 2010.
On appeal, the high court on Aug 7 this year affirmed the conviction but set aside the jail term.