Holding the Attorney General accountable

BFM | Constitutional lawyer New Sin Yew discussed whether the separation of the Attorney General and Public Prosecutor roles could hold the AG accountable to the public for prosecutorial decisions, such as the dropping of criminal charges.

A slew of high-profile accusations puts Malaysia’s new Independent Police Conduct Commission under scrutiny

Channel News Asia | A slew of scandals involving the Malaysian police, including allegations against one for raping a foreign student, has cast the spotlight on the membership of an independent body tasked to probe complaints against the men in blue. Malaysian lawyer Edmund Bon said that the IPCC wields very limited power, and is in essence more of a referral commission.

Attempted murder or arson? Ball in cops’ court over Molotov cocktail attack on Beruas MP Ngeh’s home, lawyers say

Malay Mail | The police will investigate the Molotov cocktail attack against Beruas MP Datuk Ngeh Koo Ham’s home in Perak as they deem fit even when it was opened under suspicion of arson. Lawyer Siti Summaiyah Ahmad Jaafar said that if the investigations and forensics report point towards something more, like murder or kidnapping, the perpetrators may be charged accordingly.

Will Netflix listen if Putrajaya heeds Najib’s request to remove ‘Man on the Run’?

Malay Mail | Former PM Najib’s lawyer Muhammad Shafee Abdullah had complained about the contents of the 1MDB documentary Man on the Run to the High Court during the 1MDB trial proceedings. Lawyer New Sin Yew opined that it would be hard to force Netflix to heed any request to remove the documentary. He also believed that Netflix, being a foreign-based entity with servers abroad, raises jurisdictional challenges.

South Africa takes Israel to world court

BFM | South Africa is taking Israel to the International Court of Justice, claiming the Gaza attacks amount to genocide and are in contravention of the 1948 UN Genocide Convention. BFM spoke to human rights lawyer Edmund Bon to understand the processes involved in this.

PM’s majority best tested on Dewan Rakyat’s floor, say lawyers

Free Malaysia Today | Following the Perak crisis in 2009 when three state assemblymen defected, the Federal Court ruled in 2010 that statutory declarations of elected representatives may be used to gauge support for a PM or state MB. Nevertheless, Edmund Bon, who was on the team of lawyers representing the ousted Perak MB, said a vote in Parliament is better as it will show clear support in numerical terms.

“Test PMX’s majority in Parliament,” Puad challenges opposition

Focus Malaysia | Lawyers Bastian Pius Vendargon and Edmund Bon told FMT that a “floor test” would be the best option to determine whether the head of government retains the confidence of a majority of the elected representatives. But an UMNO Supreme Council member clalimed that PN will not agree to test PM Anwar’s majority in Parliament as it would expose the opposition coalition’s insufficient numbers.

From ‘Dubai Move’ to ‘Chow Kit Move’: Experts say toppling bid highlights unpatched loopholes in anti-hopping law

Malay Mail | Legal experts sounded alarm against recent attempts by PN to topple the Anwar administration through defections, highlighting how the anti-party hopping law has not addressed defections. Lawyer New Sin Yew likened loopholes in the law to a doughnut with a hole in the middle – as long as the MPs stay with their party and don’t resign, even if they are sacked from their parties, they will not lose their seats.

Why Court of Appeal upheld ‘Gay is OK!’ book ban in 2-1 decision

Malay Mail | Here’s a quick summary what happened with the book ban and why, based on the Court of Appeal’s majority and minority judgments released last month, and the High Court’s decision, as well as other documents. Lawyers Edmund Bon and Micheal Cheah are representing the book author and publisher.

Labour: Waiting for the business and human rights action plan

The Edge Malaysia | Edmund Bon stressed that mandatory due diligence for labour, governance, and the environment must be implemented. Human rights due diligence should be made in to law. He urged companies to work on initiatives to protect human rights without waiting for the National Action Plan on Business and Human Rights (NAPBHR).

Writer, publisher make final bid to challenge ‘Gay is OK’ book ban

Free Malaysia Today | Lawyer Edmund Bon confirmed that an application with 11 legal and constitutional questions has been filed with the Federal Court to remove a book ban imposed by the government. Applicants must satisfy the court by framing novel legal and constitutional questions that are of public importance and raised for the first time, as required under section 96 of the Courts of Judicature Act.

Legal experts divided on royal control over MACC, Petronas

Malaysiakini | The YDPA-in-waiting suggested for MACC and Petronas to report directly to the throne. Lawyer New Sin Yew opined that while the YDPA is entitled to information concerning the government as stipulated in Article 40(1) of the Federal Constitution, for government agencies to report directly to him is a different matter.

Death penalty against 6 men must be upheld in Morais’s murder, says prosecutor

Free Malaysia Today | Lawyers appearing for the appellants argued for their clients to be acquitted as the ingredients of the charge were not proven beyond reasonable doubt. Amer Hamzah Arshad said his client could at best be convicted only for culpable homicide, abduction, and disposing of evidence. Justice Hadhariah Syed Ismail said the COA bench would deliver its ruling on March 14.

Kevin Morais murder trial: Defence implores the court to set aside personal sentiment

The Edge Malaysia | The lawyers representing the three men who are appealing against their guilty conviction of murdering the late DPP Anthony Kevin Morais implored the judges of the case to set aside their friendship with Morais in deciding on the men’s appeal. Amer Hamzah Arshad, representing S. Nimalan, said the bench has to put aside its sentiment regarding the deceased, and follow the law.

Rosmah makes third bid for AG to drop money laundering, tax evasion cases

Malaysiakini | Counsel Amer Hamzah Arshad submitted multiple grounds to strike out of the charges against Rosmah Mansor. The 12 money laundering charges involving RM7.09mil are framed under section 4(1)(a) of the Anti-Money Laundering and Counter-Terrorism Financing Act. The five tax evasion charges under section 77(1) of the Income Tax Act 1967 claim that Rosmah failed to declare her income for five years.

Rosmah Mansor’s AMLA trial: Prosecution failed to disclose offence, say counsel

New Malaysia Herald | Defence counsel Amer Hamzah Arshad presented legal issues pertaining to the AMLA charges and reasons why they should be struck out and Rosmah Mansor should be acquitted. Amer said the MACC had acted ultra vires and the defects in the charges are incurable while the first to 12th charges failed to state the predicate offence.

Unfair to try Rosmah on defective charges, says lawyer

Free Malaysia Today | Rosmah Mansor, wife of former PM Najib Razak, is standing trial on 12 money laundering charges involving RM7.09 million and five charges of failing to declare her income to the IRB. In an application to strike out the charges, lawyer Amer Hamzah Arshad said there were missing links and 12 of the charges did not involve a “transaction” as defined by law.

Holding the Attorney General accountable

BFM | Constitutional lawyer New Sin Yew discussed whether the separation of the Attorney General and Public Prosecutor roles could hold the AG accountable to the public for prosecutorial decisions, such as the dropping of criminal charges.

A slew of high-profile accusations puts Malaysia’s new Independent Police Conduct Commission under scrutiny

Channel News Asia | A slew of scandals involving the Malaysian police, including allegations against one for raping a foreign student, has cast the spotlight on the membership of an independent body tasked to probe complaints against the men in blue. Malaysian lawyer Edmund Bon said that the IPCC wields very limited power, and is in essence more of a referral commission.

Attempted murder or arson? Ball in cops’ court over Molotov cocktail attack on Beruas MP Ngeh’s home, lawyers say

Malay Mail | The police will investigate the Molotov cocktail attack against Beruas MP Datuk Ngeh Koo Ham’s home in Perak as they deem fit even when it was opened under suspicion of arson. Lawyer Siti Summaiyah Ahmad Jaafar said that if the investigations and forensics report point towards something more, like murder or kidnapping, the perpetrators may be charged accordingly.

Will Netflix listen if Putrajaya heeds Najib’s request to remove ‘Man on the Run’?

Malay Mail | Former PM Najib’s lawyer Muhammad Shafee Abdullah had complained about the contents of the 1MDB documentary Man on the Run to the High Court during the 1MDB trial proceedings. Lawyer New Sin Yew opined that it would be hard to force Netflix to heed any request to remove the documentary. He also believed that Netflix, being a foreign-based entity with servers abroad, raises jurisdictional challenges.

South Africa takes Israel to world court

BFM | South Africa is taking Israel to the International Court of Justice, claiming the Gaza attacks amount to genocide and are in contravention of the 1948 UN Genocide Convention. BFM spoke to human rights lawyer Edmund Bon to understand the processes involved in this.

PM’s majority best tested on Dewan Rakyat’s floor, say lawyers

Free Malaysia Today | Following the Perak crisis in 2009 when three state assemblymen defected, the Federal Court ruled in 2010 that statutory declarations of elected representatives may be used to gauge support for a PM or state MB. Nevertheless, Edmund Bon, who was on the team of lawyers representing the ousted Perak MB, said a vote in Parliament is better as it will show clear support in numerical terms.

“Test PMX’s majority in Parliament,” Puad challenges opposition

Focus Malaysia | Lawyers Bastian Pius Vendargon and Edmund Bon told FMT that a “floor test” would be the best option to determine whether the head of government retains the confidence of a majority of the elected representatives. But an UMNO Supreme Council member clalimed that PN will not agree to test PM Anwar’s majority in Parliament as it would expose the opposition coalition’s insufficient numbers.

From ‘Dubai Move’ to ‘Chow Kit Move’: Experts say toppling bid highlights unpatched loopholes in anti-hopping law

Malay Mail | Legal experts sounded alarm against recent attempts by PN to topple the Anwar administration through defections, highlighting how the anti-party hopping law has not addressed defections. Lawyer New Sin Yew likened loopholes in the law to a doughnut with a hole in the middle – as long as the MPs stay with their party and don’t resign, even if they are sacked from their parties, they will not lose their seats.

Why Court of Appeal upheld ‘Gay is OK!’ book ban in 2-1 decision

Malay Mail | Here’s a quick summary what happened with the book ban and why, based on the Court of Appeal’s majority and minority judgments released last month, and the High Court’s decision, as well as other documents. Lawyers Edmund Bon and Micheal Cheah are representing the book author and publisher.

Labour: Waiting for the business and human rights action plan

The Edge Malaysia | Edmund Bon stressed that mandatory due diligence for labour, governance, and the environment must be implemented. Human rights due diligence should be made in to law. He urged companies to work on initiatives to protect human rights without waiting for the National Action Plan on Business and Human Rights (NAPBHR).

Writer, publisher make final bid to challenge ‘Gay is OK’ book ban

Free Malaysia Today | Lawyer Edmund Bon confirmed that an application with 11 legal and constitutional questions has been filed with the Federal Court to remove a book ban imposed by the government. Applicants must satisfy the court by framing novel legal and constitutional questions that are of public importance and raised for the first time, as required under section 96 of the Courts of Judicature Act.

Legal experts divided on royal control over MACC, Petronas

Malaysiakini | The YDPA-in-waiting suggested for MACC and Petronas to report directly to the throne. Lawyer New Sin Yew opined that while the YDPA is entitled to information concerning the government as stipulated in Article 40(1) of the Federal Constitution, for government agencies to report directly to him is a different matter.

Death penalty against 6 men must be upheld in Morais’s murder, says prosecutor

Free Malaysia Today | Lawyers appearing for the appellants argued for their clients to be acquitted as the ingredients of the charge were not proven beyond reasonable doubt. Amer Hamzah Arshad said his client could at best be convicted only for culpable homicide, abduction, and disposing of evidence. Justice Hadhariah Syed Ismail said the COA bench would deliver its ruling on March 14.

Kevin Morais murder trial: Defence implores the court to set aside personal sentiment

The Edge Malaysia | The lawyers representing the three men who are appealing against their guilty conviction of murdering the late DPP Anthony Kevin Morais implored the judges of the case to set aside their friendship with Morais in deciding on the men’s appeal. Amer Hamzah Arshad, representing S. Nimalan, said the bench has to put aside its sentiment regarding the deceased, and follow the law.

Rosmah makes third bid for AG to drop money laundering, tax evasion cases

Malaysiakini | Counsel Amer Hamzah Arshad submitted multiple grounds to strike out of the charges against Rosmah Mansor. The 12 money laundering charges involving RM7.09mil are framed under section 4(1)(a) of the Anti-Money Laundering and Counter-Terrorism Financing Act. The five tax evasion charges under section 77(1) of the Income Tax Act 1967 claim that Rosmah failed to declare her income for five years.

Rosmah Mansor’s AMLA trial: Prosecution failed to disclose offence, say counsel

New Malaysia Herald | Defence counsel Amer Hamzah Arshad presented legal issues pertaining to the AMLA charges and reasons why they should be struck out and Rosmah Mansor should be acquitted. Amer said the MACC had acted ultra vires and the defects in the charges are incurable while the first to 12th charges failed to state the predicate offence.

Unfair to try Rosmah on defective charges, says lawyer

Free Malaysia Today | Rosmah Mansor, wife of former PM Najib Razak, is standing trial on 12 money laundering charges involving RM7.09 million and five charges of failing to declare her income to the IRB. In an application to strike out the charges, lawyer Amer Hamzah Arshad said there were missing links and 12 of the charges did not involve a “transaction” as defined by law.