SINGAPORE: A man was sentenced to five months’ jail on Tuesday (Jan 21) for riding his motorcycle without due care and attention and hitting a 73-year-old female pedestrian, causing her death.
Rendra Hairul was also barred from driving for eight years after being convicted of a single charge under the Road Traffic Act.
The 34-year-old had claimed trial for the incident, which happened on Dec 20, 2020 at about 4.20pm.
According to court documents, Rendra was riding his motorcycle along Orchard Boulevard towards Grange Road at about 67kmh to 73kmh. This is above the five-lane road’s speed limit of 50kmh.
Rendra was riding close to the boundary of the third and fourth lanes when he sped up to overtake two cars – one on his left and another on his right.
According to a police statement Rendra gave, he had overtaken one of the cars after it “suddenly jammed break… without any reason” on the third lane.
After he overtook this car, he then noticed the pedestrian running from his right to left. He said that although he tried to break, it was too late as she was about 5m ahead of him.
The pedestrian had been crossing the road near the exit of the Four Seasons Hotel. Court documents stated that Rendra collided with her on the fourth lane of the road.
“Upon arrival of the paramedics at the accident location, they noted that the deceased was in cardiac arrest,” stated court documents.
She was then taken to the Singapore General Hospital where she was found to have a skull fracture, a partially severed right thumb and several lacerations on her body among other injuries.
The pedestrian was pronounced dead on the same day. An autopsy later found her injuries were consistent with that of a road traffic accident.
Rendra’s lawyer, Mr Rajan Sankaran Nair from Rajan Nair & Partners, argued that Rendra had ridden his motorcycle with due care and attention.
As the two cars he overtook were “immediate hazards”, Rendra had to focus on them. But after he overtook the cars, he had noticed the pedestrian too late and could not have avoided the collision.
However, Deputy Public Prosecutor (DPP) Colin Ng said that the case was “straightforward” and that the defence was trying to shift blame to the pedestrian.
“While (overtaking the car), he focused solely on the vehicles on his left and right without paying attention to the road ahead, resulting in the collision,” said DPP Ng.
VICTIM BLAMING “TROUBLING”
On Tuesday, DPP Ng asked for a sentence of six to eight months’ jail and for Rendra to be disqualified from driving for eight years.
Though Rendra was riding above the speed limit, was careless and failed to keep a proper lookout ahead, DPP Ng said that there was no evidence to suggest Rendra rode in a dangerous manner.
However, he noted that he should be sentenced to at least six months’ jail as the accident had resulted in a death.
During the mitigation, Rendra’s lawyer said that the pedestrian had contributed to the accident as she had put herself in danger by crossing the five-lane road when traffic was heavy, and asked for a lower sentence.
DPP Ng said it was “troubling” that the defence repeatedly blamed the pedestrian for the accident, to which Mr Rajan said that his client was remorseful.
“His attention was distracted and he is of the view that he is not negligent. This does not mean he does not accept the court decision,” said the lawyer.
District Judge Kenneth Chin noted that while the pedestrian had quickened her steps and stepped into Rendra’s path, he should have been able to see her.
“He could have avoided the collision if he was not travelling above the speed limit,” said the judge.
“This was an unfortunate accident in which no party walks away unscathed. (This is an) irreparable loss for the victim’s family.”
Rendra will begin his sentence on Feb 10 after he was granted a deferment for his personal affairs.
For riding a motorcycle without due care and attention, and causing a death, Rendra could have been jailed for up to three years, fined up to S$10,000, or both. The punishment also comes with a ban from driving any vehicle.
