
Magistrate Hirman Ab Raub ruled that the prosecution failed to establish the charge under Section 81(2) of the Road Transport Act against Che Puteh Omar.
Che Puteh was accused of assisting in the management or supervision of a motorcycle racing competition that was not approved by the highway concessionaire at the New North Klang Straits Bypass on Aug 6, 2021.
The offence is punishable by a maximum RM2,000 fine, up to six months in prison or both, if convicted.
Police arrested 15 people on Aug 6, 2021, including two motorcyclists who took part in the illegal race. The two were subsequently fined after pleading guilty to dangerous riding.
In acquitting Che Puteh, the court held that the two main witnesses gave conflicting testimonies.
Hirman said the pair were in fact “accomplices” of the accused, but WhatsApp messages meant to be crucial evidence to pinpoint Che Puteh’s involvement were not properly tendered in the trial.
“The arresting officer could only confirm that arrests were made, providing nothing on the accused’s involvement.
“No other witnesses, such as the ‘participating riders’ or attendees, were called to prove the charge,” the magistrate added.