A three-member bench chaired by Justice Ahmad Zaidi Ibrahim said there was no merit in the appeal against the conviction brought by Mas Ayu Siti Asmah Hani Zainul based on the notes of evidence and the submissions of parties.

“The magistrate had made findings of facts based on cogent evidence. The testimony of an eyewitness was also supported by other circumstantial evidence,” said Zaidi.

The judge said there was no misdirection on the magistrate’s part to warrant appellate intervention, noting that the High Court had previously affirmed the ruling.

Also on the bench were Justices Azman Abdullah and Noorin Badaruddin.

Mas Ayu was convicted in the Sepang magistrates’ court and sentenced to nine months’ jail and fined RM6,000. She was also ordered to pay the deceased’s family RM3,500 in compensation.

On Aug 7 last year, the High Court affirmed her conviction but varied the sentence by removing the jail term imposed by the lower court.

The Court of Appeal today maintained the fine but ordered that compensation paid to the victim’s family be returned to Mas Ayu.

The appeals court said a provision in the Criminal Procedure Code allowing for compensation only came into effect in 2012, two years after the accident took place.

Mas Ayu, now a principal assistant secretary at the Penang state secretary’s office, was only charged in 2020.

Her licence was also endorsed with details of the offence.

The 43-year-old was convicted under Section 43(1) of the Road Transport Act 1987 of driving a car carelessly and inconsiderately, resulting in the death of Fatima Zurwanti Zulkifli.

The accident took place at the Jalan Persiaran Desa Pinggiran roundabout in Sepang, Selangor, at about 6.30pm on June 14, 2010.

Lawyers RSN Rayer and R Thandayuthabany appeared for Mas Ayu while deputy public prosecutor How May Ling acted for the prosecution.