Sunday, 19 March 2017

The case of Pei Ven

I think most of you all have already read the story of Ng Pei Ven, the 19-year-old part-time model who drove against the traffic flow and causing an accident which killed one person.

She was charged in court on Friday for consuming drug (amphetamine). You can read about it at this link,

Girl who drove against traffic pleads not guilty


It is also known that Pei Ven is a person with learning disability.

Worthy to note that amphetamine is potent central nervous system (CNS) stimulant that is used in the treatment of attention deficit hyperactivity disorder (ADHD), narcolepsy, and obesity.

There was an intense debate in cyberspace about her disability before she was charged in court.

I had wanted to comment on this case earlier but held myself back as I'm afraid that I may be bias in my opinion and I don't want to hurt anyone's feeling, particularly because a life was lost in the accident.

Nonetheless, after careful consideration, I think it's only fair for me to point out that justice should be tempered with mercy in Pei Ven's case.

There could be other factors not immediately known to us as to how she ended up doing what she did.

Even if Pei Ven didn't consume the amphetamine for treatment of her disability, we should let the court explore other surrounding circumstances which led to her actions that night.

Kids that I know who have learning disability tend to be very simple minded and prone to be easily influenced by others.

It could be what caused Pei Ven to do what she did, which led to the then following chain of events.

I know, some of you may disagree, but I think Pei Ven needs rehabilitation more than punishment.

I highly doubted that she intended to cause the tragedy.

If she's jailed, I think that's likely the end of her chance of a proper life.


I also think that this message by rehabilitation medical officer Dr. Kamarul Ariffin Nor Sadan is a good read for those interested in Pei Ven's case,

Mulanya saya tak mahu ulas isu tentang seorang nahas jalanraya yang melibatkan seorang pemandu OKU Masalah Pembelajaran, namun ramai PM saya mengenainya.

Antara seorang yang ditanyakan:

1- Apakah definisi OKU Masalah Pembelajaran?

Memandangkan ini isu melibatkan kes undang-undang, ada baiknya saya tidak memberi definisi mengikut kefahaman saya, tetapi mengikut yang termaktub dalam laman web rasmi Jabatan Kebajikan Masyarakat.

Saya petik—”Masalah  kecerdasan otak yang tidak selaras dengan usia biologikal. Mereka yang tergolong dalam kategori ini adalah lewat perkembangan global, Sindrom Down, dan kurang upaya intelektual. Kategori ini juga merangkumi keadaan yang menjejaskan kemampuan pembelajaran individu seperti Autisme (Autistic Spectrum Disorder), Attention Deficit Hyperactivity Disorder (ADHD) dan masalah pembelajaran spesifik seperti (Dyslexia, Dyscalculia dan Dysgraphia).”

[ ! ] Jangan keliru antara OKU Masalah Pembelajaran dan OKU Mental —"Keadaan penyakit mental yang teruk yang telah diberi rawatan atau telah diberi diagnosis selama sekurang-kurangnya dua tahun oleh Pakar Psikiatri. Akibat daripada penyakit yang dialami dan telah menjalani rawatan psikiatri, mereka masih tidak berupaya untuk berfungsi sama ada sebahagian atau sepenuhnya dalam hal berkaitan dirinya atau perhubungan dalam masyarakat."

2- Bolehkah OKU Masalah Pembelajaran mendapat lesen memandu?

Boleh. Pemegang kad OKU perlu menjalani beberapa ujian saringan untuk memastikan OKU itu selamat untuk memandu. Antara perkara yang dinilai dalam ujian yang dilakukan oleh Jurupulih Carakerja adalah kebolehan; mengenal pasti persekitaran, membuat keputusan, dan ketangkasan reaksi.

Keputusan ujian memandu akan diserahkan kepada doktor untuk dinilai. Jika layak, doktor akan mengeluarkan surat kelayakan memandu kepada pemegang kad OKU.

Surat kelayakan memandu pula perlu dikemukakan kepada pihak JPJ. Kemudian barulah lesen memandu akan dikeluarkan.

[ ! ] Ada kategori OKU yang memerlukan pengubahsuaian kenderaan bagi membolehkan OKU itu memandu. Pengubahsuaian akan dicadangkan oleh Jurupulih Carakerja selepas penilaian dibuat. Contohnya: OKU lumpuh kedua-dua kaki,  kenderaannya perlu ubahsuai kepada pendikit minyak dan brek tangan. Pengubahsuaian pula akan diperiksa oleh Puspakom.

3- Adakah OKU Masalah Pembelajaran akan terlepas daripada disabitkan kesalahan undang-undang?

Saya tak pasti. Namun pada pendapat peribadi saya, OKU juga tertakluk kepada undang-undang seperti mana orang upaya. Namun harus faham, ada klausa dalam sesetengah undang-undang yang memberi pengecualian/kekebalan kepada individu yang mempunyai kondisi tertentu. Untuk maklumat tepat sila rujuk peguam.

4- Apa komen doktor tentang kes OKU Masalah Pembelajaran yang mengakibatkan nahas jalan raya.

Laporan akhbar menyatakan kes ini juga melibatkan pengambilan alkohol dan dadah. Jadi, perkara biarlah pihak penyiasatan yang nilai. Boleh jadi status OKU pemandu tersebut tidak memberi signifikan kepada tindakan berbahaya pemandu tersebut.

Selain itu, mohon agar kalian elakkan beri komen yang mempersenda warga OKU. Jadilah masyarakat yang sensitif dan inklusif.

Terima Kasih.

And this is a Wassap conversation forwarded to me just now by someone who is familiar with people who have to deal with kids with learning disability such as Pei Ven,


33 comments:

  1. BUTTERWORTH: The teenage girl who drove against traffic and crashed into nine vehicles on the North-South Expressway (NSE) has told police she made a U-turn after seeing a lorry stalled in the middle of the road.
    However, Central Seberang Prai police chief ACP Nik Ros Azhan Nik Abdul Hamid said surveillance footage showed no evidence of a stalled lorry.
    He said the 19-year-old girl had missed the Permatang Pauh exit which led to her home in Butterworth. So she drove on and the next exit was after the Sungai Dua toll plaza.
    Nik Ros said the teen claimed she “saw a lorry in the middle of the road” and made a quick U-turn from the second lane to the fast third lane.
    “As she made that abrupt turn, her Proton Gen.2 swiped three other vehicles passing by.
    “She drove on for 5km before crashing into a Perodua Kelisa and five other vehicles.”
    The driver of the Kelisa, a 26-year-old factory worker, died on the spot, while others sustained light injuries.
    Nik Ros clarified the teenager did not cross over to the other side of the highway as reported, but had merely made a U-turn on the same side of the highway, driving against traffic.
    He confirmed that before the incident, the girl had gone to a club in Bukit Mertajam and was returning to her home in Butterworth at that time.

    He said at the time of arrest, the girl was “high” on drugs, but the blood alcohol levels are still being determined.
    Nik Ros also said the girl will also be investigated under Section 15 of the Dangerous Drugs Act 1952 for consumption of illegal drugs.
    Nik Ros also said he was aware of the current “trial by social media” following the fatal accident, demanding that the teen be tried for murder.
    He said charging her for murder was not possible as she had no intention whatsoever.
    Nik Ros said she could be charged under Section 44 of the Road Transport Department Act, which provides for a jail term of four to 10 years, while causing death by negligence under Section 304 of the Penal Code carried only a two-year jail term.
    In BUKIT MERTAJAM, the teenager was remanded for four days at the Magistrate’s Court.
    Magistrate Dianne Ningrad Nor Azahar approved the remand.
    The teen driver arrived at the courthouse at 1.50pm in a purple lock-up garb and had her left-eye bandaged and her right arm in a loose sling.
    She appeared to be lifeless as she walked past a group of press photographers.
    An elderly couple, believed to be the teen girl’s relatives, arrived with a bag of clothes and fruits. They refused to speak to reporters when approached.

    JANGAN LUPA, SATU NYAWA TAK BERDOSA SUDAH HILANG AKIBAT
    KELEMBAMAN NG PEI VAN.SUDAHLAH LEMBAM, PANDAI PULAK MENIPU!!

    Sudah tahu dia lembam, mengapa ibubapanya biarkan dia
    bebas keluar rumah, memandu kereta dan berklabing....?
    Adakah ibubapanya tidak tahu Pei Van keluar rumah, berklabing...?
    Mengapa dia ada lesen memandu, kan dia lembam......?
    Gen2 tu, keta siapa........?????
    Kematian Mohamad Fandi Rosli, 26 tahun dilanggar oleh
    Ng Pei Van, barulah boleh dikatakan mati katak.
    Tak pasal-pasal dia mati ketika memandu pulang dari
    kerja. Semua orang simpati, sebab Mohamed Fandi bukan
    main tengah jalan macam Ng Pei Van.

    ReplyDelete
    Replies
    1. Ya lah. Hari tu lapan budak mati kena langgar pun ada org marah juga. Kita ni kena banyak bawa bersabar dan jangan marah2. Thank you.

      Delete
    2. Annie. You are truly penyabar. Alhamdulillah. Your postings and your responses to challenging comments are unique and sometimes extraordinarily sweet :) Saya yang nak marah pada yang komen menghentam saja pun langsung tak jadi marah. Thank you Annie.

      Delete

    3. Annie, 13:26.

      Senang celita ,kita kena 'redha' maa aa.

      Delete
    4. Yes lufang. According to my religion which is Islam, I m required to redha instead of being emotional and angry over things that happened until all sense of humanity were lost. We do our best and whatever the outcome, that's decided by Allah and we have to accept it. That's redha as far as Im concerned. Thank you.

      Delete
    5. Oi Lufang... Pandai lu ciakap 'redha' saja. Altantuya itu punyia mati kena bom siapa OKU buat mesti kita redha?

      Delete
  2. Tak marah pun, semuanya ayat gurau.......hehehe
    Takpa mati katak, boleh terus masuk Sorga.

    ReplyDelete
  3. Che Minah,

    They are good at manipulating the law...by claiming that she is lembam is one classic example.Manipulater...profitierer or whateverer...like a Dapster...oops sorry just got carried away!

    ReplyDelete
  4. So funny Annie......WHY is it driving menentang arus
    is the trend among AMOYS these days....?
    Sudah tiga Amoy driving menentang arus, dua nyawa
    terkorban, mati katak. The third one, fortunately
    mangsa cuma cedra ringan.
    Adakah semua AMOY tu lembam with lesen OKU....????
    Among the Amoys, only the one yang langgar 8 bysical
    boys je tak lembam and without OKU lesen, tak mabok
    todi & dadah,tak juga main hanpon dan tak driving
    menentang arus, tapi nasib tak meneybelahi dia.
    She choose the wrong night to drive on that road.
    What if it was U or ME........??????
    Berartus kali I dok pikir, how fortunate it was not
    my niece who is a houseman kat spital Tun Aminah,
    driving on that fatal night.
    Itu memang laluan dia setiap hari.
    Just imagine IF it was my niece who has been on call
    for almost 15 hours, balik at that wee hour of the
    night, TERlanggar budak-budak tu, bolehkah dia terus
    kerja lagi......????
    And what if she is the one who died in order to avoid
    the boys....would that make everyone happy.....????
    As for the other two Amoys yg drive menentang arus,
    how fortunate it is, we are not the kataks driving
    on that particular road, in that particular early
    hours to meet our fate.
    Very sad, but this is life.
    Tidak mudah untuk memilih on whose side U want to be.

    ReplyDelete
    Replies
    1. That doesnt stop anyone to give sympathy or empathy isnt it? no matter which side they choose.

      Delete
  5. Annie,

    If she really does have some disability, some consideration should be given.

    Further, the guy who got killed needs to be remembered in all this, eg did he have dependents, what restitution is available to his family, etc.

    Gladiator

    ReplyDelete
  6. The girl in question must be subjected to law and the hard working man must also be subjected to law
    No abuse of power

    ReplyDelete
  7. Kalau tengok video amoi tu memandu menentang arua yang tular, pandai pulak dia hidupkan signal kiri. Maknanya dia tidak khayal dan boleh berfikir.

    Lepas ni kepada amoi2 yang buat kesalahan lalu lintas sila kemukakan kad oku. Pertimbangan akan diberi, kalau langgar mati orang pun tiada masalah.

    ReplyDelete
    Replies
    1. "Lepas ni kpd amoi2 yang buat kesalahan lalu lintas sila kemukakan kad OKU"...i strongly believed they will do that. Bukan kesalahan lalu lintas saje i suppose!Bila penguasa kita dah tak nak ambil rasuah than they're in trouble!!!

      Delete
    2. Ok, I am curious to know how you guys/gals will judge this case:
      http://www.thestar.com.my/news/nation/2017/03/21/housewife-steps-on-accelerator-instead-of-brake-kills-cleaner-in-accident/

      Obviously, this time the person was sober, it was during the day and the victim is one 60 yr old makcik. I am sure the victim have dependents to support, otherwise she wouldn't be working as a cleaner at 60...

      Delete
  8. for the sake of fairness,

    do think about the victim and his dependants too.

    masyarakat kita kesian x bertempat

    all of us are subjected to law.

    we should stop wasting our time debating over useless issue such as this that only help to fuel the anger.

    if your argument is dont call her gila then granted, we shouldnt call her gila.

    kesian, well really?

    i guess shed have to live on knowing that she took a person's life, and that the unborn child will no longer see his or her father. stuff like tht does linger. i do pity her then.

    ReplyDelete

  9. Itu amoi ada kad OKU maa aa , Ai yaa !!!.

    ReplyDelete
    Replies
    1. Itu amoi ada kad OKU maa aa.
      Ai yaa!!! lain punya hat waa tara peluli punya lorr.Itu mati punya olang bukan waa punya hat lorr.
      Kalau ini hat kina waa punya anak ka...minni kaa balu waa mising satu lunnia lorr.Wa nanti misti ciakap ini kad oku misti fake punya aaa...ini gomen punya olang misti sulah mau cover ini hat lorr...manyiak tara adil sama waa punya family lorr.

      Delete
  10. if she is brilliant enuf to go out drinking till morning, then i bet she is not as stupid as the oku card says.

    ReplyDelete
    Replies
    1. Anonymous @ 20 March 2017 at 09:08,

      //i bet she is not as stupid as the oku card says.//

      Please do not assume that people with OKU cards are stupid.

      Many of them can function like normal folks except when their affliction hits them.

      I have an OKU friend and I trust my life with him because he drives me around when I need some driving around, usually long distances outstation.

      So, you can see OKU people are not totally useless or stupid.

      Hurbert, I call him Hurbert, can barely read or write, struggles with Waze, is clueless about Google Maps BUT he remembers places well and how to get there, even if he has not visited in a few years.

      Of cos, with the many changes in KL in the last few years, he makes minor mistakes and he is very very impressed that I seem to know KL even though I have not been there for months.

      I have tried to explain Waze and Google Maps to him but he still thinks I have supernatural powers - go figure.

      Gladiator

      Delete
  11. I can't help but agree with Cik Minah on this. Annie, you are trying to defend the indefensible. That Amoi was simply being just simple minded with her don't care attitude. She just simply careless and ignorant. I'm not going to buy into ADHD, OKU Masalah Pembelajaran bull...

    What was on her mind actually. Turned around her car whenever she felt like doing it and drove off against the flow of the traffic kilometres away on a busy highway. in broad day light. This single act actually was the most dangerous stunt ever perform on the highway mind you. Far more dangerous than speeding 200 mph on a small narrow road..

    Even the most notorious daredevil speed demon with a heart of stone would never ever attempted that kind of stunt. I mean what was she thinking?? Didn't ever occurred to her she could cause a horrific accident because of her action? And guess what? She did just that!!..

    A precious life perished just like that. He didn't do anything wrong. He's following all the rules. He was on the way back home from a night shift. Took on the fast lane because he was going faster than usual. Was on a hurry to arrive home because he felt so tired and sleepy after putting in a night shift.

    And all of a sudden, a freak car coming out of nowhere coming in his direction slamming into his car. His life cut short just like that.
    What even more sadder was that the guy was recently got married and his wife just got pregnant with his first child. How cruel isn't it.
    He didn't do anything wrong. He was trying to put a food on the table for his family and his life was taken away tragically.

    The other person on the other hand was a wayward teenager who's just returning home after partying at a night club. She got behind the wheel with drugs and alcohol in her system. With her carefree attiude notwithstanding, no respect for rules, she drove off against the traffic flow after she realized she had missed her first exit going home. Without realizing the gravity of her action, she threw the road users into panics and all hell broke lose. A precious life perished.
    What more suprising she pleading not guilty. WTF..

    ReplyDelete
    Replies
    1. Ok. Then i understand how the singaporean felt about kho jabing issue (the sarawakian who was procecuted for being drunk and accidently killed a singaporean).

      Some people cant dealt with imperfection of "HUMAN" flaws.

      TQ

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    2. Any attempt to stop the legal process must be on sufficient legal grounds

      Delete
  12. most of the people just kutuk and hentam saja ikut perasaan . how many people will sit down and try to understand what is autism? how the autistic child behave?? only those parents with autistic child will know and understand! I really those expert from related associations will give their opinions and not turn this to a racial issue.

    ReplyDelete
  13. Able have a driving license..able to drive a car..able to go clubbing..able to made herself look pretty and able to be a model..on top of that able to think that she has done something really bad at the tol plaza and able to think that she must run away from it...real fast. Finally because of high on drug and booze...make her made the poor and fatal decision!!!

    ReplyDelete
  14. I don't agree with you Annie.

    She has a driver's license, so she is responsible for whatever happens when she drives a car. She can't plead OKUism in order to avoid being penalized for killing someone on the road.

    Frankly speaking, I have no sympathy for her.

    ReplyDelete
  15. Annie,what if these thing happend to your family or relatives?i bet that the word rehabilitation is the last word you would say to this amoi.

    ReplyDelete
    Replies
    1. Honestly, I would say the same.

      Delete
  16. Annie,

    Looking over some of the comments here, it is clear that many Malaysians don't really understand autism.

    Hopefully, in some small way, Sesame Street can help.

    They have introduced a new character to their lineup of Muppets - a young girl called Julia, who has autism.

    http://www.bbc.com/news/entertainment-arts-39324183

    Gladiator

    ReplyDelete
  17. What is the victim tragedy(the wife) say regarding the issue?



    ReplyDelete
  18. she should not drive her car while on drug amphetamine. because of her `recklessness` several innocent people have died. their families life will never be the same again
    she could have abuse those medications every now and then

    ReplyDelete
  19. Yuup..anon at 01.43
    I'am sure there are big difference being an autism and being highly intoxicated.Again that must have lead her into doing the deadly stunt.And i hope Sesame street will show Julia drink/drug and drive!

    ReplyDelete
    Replies
    1. Anonymous @ 21 March 2017 at 09:20,

      //And i hope Sesame street will show Julia drink/drug and drive//

      I guess you probably found it amusing in hoping that Sesame Street will take the same casual and dismissive manner you have towards a serious social problem.

      Like I said earlier, it appears that many Malaysians have no idea what autism is.

      I am glad you have proven me right by mocking an autistic muppet which was designed to help people understand autism.

      It looks like Julia the muppet is starting to do her job, dont you think?

      Maybe it is better to make fun of a muppet than a real person.

      We all know muppets are not real people and don't have feelings.

      Gladiator

      Delete