How A Road Rage Victim’s Impact Statement Changed A Court Decision

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Earlier this month, an elderly man became the victim of a road rage incident after a fender bender led the driver of a Toyota Vellfire to approach his car and proceed to physically assault him.

On 10 February, two days after the attack went viral on social media, Kajang Magistrate’s Court fined Saiful Adli Yusof RM5,500 after he pleaded guilty to two charges of causing hurt and criminal intimidation against 70-year-old Liew Khoon Foo.

He was accused of intentionally injuring Liew by punching and kicking him in the face and body.

Victim’s impact statement made the High Court overturn the lower court’s fine

A victim impact statement is a written or oral statement made as part of the judicial legal process, which allows crime victims the opportunity to speak during the sentencing of the convicted person or at subsequent parole hearings.

During the proceedings, Liew read his impact statement in Mandarin, describing severe trauma.

He said he feared leaving home or driving and had sustained serious injuries, including six stitches to his tongue, making eating difficult.

“I fear he may hold a grudge and come after me again. I feel unsafe because he is extremely violent, and I appeal for an appropriate sentence,” he said.

The High Court then sentenced the businessman to four months’ imprisonment effective on Wednesday (25 February). Judge Datuk Aslam Zainuddin delivered the ruling, setting aside the Kajang Magistrate’s Court’s 10 February decision, according to Bernama.

Invoking Section 323 of the Criminal Procedure Code, Aslam recalled the case and overturned the lower court’s ruling, ruling that a custodial sentence was more appropriate under the circumstances.

The earlier decision had been delivered by Magistrate Fatin Dayana Jalil, who imposed the fine and ordered eight months’ imprisonment in default of payment.

The defence said “I lost my judgment”

In mitigation, defence counsel Muhammad Syakir Haznal argued that his client did not immediately lunge at the victim. Instead, he said Saiful had knocked on the car door first and a discussion had taken place.

Speaking from the dock, Saiful admitted he had lost his judgment after his multi-purpose vehicle was struck by Liew’s car. He claimed the collision caused his three-day-old baby to slip from his wife’s arms and fall.

“I had honked, but he fled, ran a red light, and we pursued him for about 500 metres. At the time, I was on my way to find a breast pump,” he said.

It was also reported by media that Saiful earlier pleaded for a more lenient sentence after his lawyer told the court the trader only earns RM2,000 a month while supporting his wife, four children, and a mother in-law who is chronically ill.

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How A Road Rage Victim’s Impact Statement Changed A Court Decision
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