A Month On, Elderly Driver In Fatal Petaling Jaya Crash Not Yet Charged

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The 70-year-old driver involved in the fatal head-on collision that killed a food delivery rider a month ago has not been charged—a fact that has led to public questions.

Selangor Police Chief Datuk Shazeli Kahar announced on 18 May that police had completed their investigation and submitted the case to the Deputy Public Prosecutor (DPP) for review.

The incident occurred on 5 May, when a Proton X70 SUV swerved across lanes and struck a motorcyclist on Jalan 17/21 in Section 17, Petaling Jaya.

The rider, in his 20s, died instantly.

Multiple dashcam recordings led to public debate about the pace of the investigation, with social media users questioning why formal charges had not yet been filed.

Public frustration has intensified following a recent separate incident in which a 19-year-old driver was arrested and charged within days after a fatal accident at Simpang Renggam that claimed the lives of four family members.

The swift action in that case has prompted comparisons and renewed questions about why the elderly driver’s case is progressing more slowly.

Why One Month Without Charges Is Normal

A one-month timeline without an immediate court charge is entirely normal for serious traffic accidents in Malaysia.

While viral videos cause intense public pressure for fast outcomes, the legal and investigative processes behind the scenes routinely take several weeks to months to complete.

The elderly driver was initially detained but subsequently released on police bail due to health and age-related medical reasons.

He tested negative for both drugs and alcohol.

Because he is out on bail, he is not considered a flight risk and remains under the authorities’ supervision.

The case is being actively investigated under Section 41(1) of the Road Transport Act 1987 for reckless or dangerous driving causing death.

Building the Case: Evidence Requirements

The Proton X70 must undergo a mandatory, comprehensive mechanical inspection by PUSPAKOM.

Investigators must rule out or confirm mechanical issues, such as a stuck accelerator pedal or brake failure, before attributing full criminal fault to the driver.

Complete post-mortem and toxicology reports for the victim, alongside final medical clearance documents for the elderly driver, must be officially compiled into the case file.

The police do not have the power to charge someone in court for Section 41(1) on their own.

Once police gather all dashcam footage, witness accounts, and mechanical data, they submit the Investigation Paper (IP) to the DPP.

The DPP reviews the file to ensure the evidence is airtight before ordering an official prosecution in court.

Why Some Cases Move Faster Than Others

Cases involving alcohol or drug impairment can result in charges within 48 hours under Section 44 of the Road Transport Act, as breathalyser and blood test results provide immediate evidence.

However, investigations under Section 41(1) for reckless or dangerous driving require extensive forensic documentation, and multi-week or multi-month gaps between accident and court charge are standard in Malaysian traffic fatalities.

The Sam Ke Ting “Basikal Lajak” case in February 2017 saw the driver charged over a month later despite national media attention, while the 2024 Penang Bridge crash required nearly three weeks of back-and-forth between traffic police and the DPP to verify structural damage and dashcam evidence.

Once police submit the investigation paper to the DPP, the prosecutor’s office conducts a thorough review—a process that typically takes anywhere from two weeks to several months, depending on case complexity and workload.

Once the DPP clears the case file, the driver will be officially summoned to court and formally charged under Section 41(1) of the Road Transport Act 1987.

If convicted, he faces a mandatory prison sentence of five to 10 years, a fine of up to RM50,000, and a minimum five-year driving licence suspension.

Petaling Jaya OCPD ACP Shamsudin Mamat told The Rakyat Post that the investigation paper has been sent back to the Deputy Public Prosecutor (DPP) for further instructions. He added that the public will be updated once feedback is received from the DPP’s office.

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