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.
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.
CodeBlue | The deregulation of liquid nicotine contravenes the right to health which falls fall under the right to life. Citing international conventions ratified by Malaysia, Edmund Bon submitted in court, “I’m inviting, my Lord, to extend the definition of Article 5 [of the Federal Constitution] for the first time to include the right to health as a right that is logically an integral part of life itself.”
The Edge Malaysia | Amer Hamzah Arshad argued that the conviction of his client for murder by the High Court was unsafe as his client’s role in the case was only to show where the barrel containing DPP Kevin Morais’ body was disposed of. Amer added that his client can at best be faced with section 365 (for kidnapping) or 201 (hiding of evidence) under the Penal Code.
Free Malaysia Today | The prosecution failed to establish a common intention among six accused persons to murder DPP Kevin Morais eight years ago despite turning a seventh accused into a material witness, submitted defence lawyers. Amer Hamzah Arshad acted for S. Nimalan, one of the six accused persons.
New Straits Times | Counsel Amer Hamzah Arshad, who appeared for S. Nimalan, questioned, “If there is no identifiable action, let alone any evidence of the appellant’s actions, how can it be said that the asphyxiation suffered by the deceased was intentional or unintentional?” No other evidence indicated that the appellant intended to incapacitate or suffocate the deceased.
Scoop | The high court here today was told that with the passing of the smoking control bill last week, vendors cannot sell smoking products to minors. Three NGOs, represented by counsel Edmund Bon, have filed a judicial review application to quash part of the Poisons (Amendment of Poison List) Order made by the Health Ministry and to seek a declaration that the impugned order is void.
The Sun | Three NGOs filed a judicial review application to quash the order made by the Health Minister to remove nicotine from the list of controlled substances. Counsel Edmund Bon submitted that the newly passed bill controlling smoking products has yet to be ratified into law by the Dewan Negara. There is as yet no law against the sale of liquid nicotine products to children.
Focus Malaysia | Counsel Edmund Bon, representing three health-related NGOs, pointed out that at the time of Health Minister Dr Zaliha’s decision on March 31, there was no law forbidding the sale of nicotine-containing vapes and e-cigarettes to children.
Free Malaysia Today | Lawyer Edmund Bon said that the Health Minister’s decision to declassify liquid nicotine as a scheduled poison had failed to take into consideration the rights of children or the country’s obligations under the WHO’s Framework Convention on Tobacco Control. Earlier media reports had highlighted that candy laced with nicotine was being sold openly to children.
CodeBlue | Anti-tobacco groups argued in the High Court here today that passage of the Control of Smoking Products for Public Health Bill 2023 was irrelevant to the declassification of liquid nicotine from the Poisons List. Counsel Edmund Bon said that we cannot rely on any statements by the government in relation to this judicial review proceedings because nothing is certain.
Malaysiakini | Counsel Edmund Bon represented the three NGOS behind the judicial review — the Malaysian Council for Tobacco Control, the Malaysian Green Lung Association, and Voice of the Children. He argued that the Health Minister’s decision would lead to the sale of nicotine-containing vape and e-cigarettes to children because there was no law forbidding it, pending the Dewan Negara’s deliberation on the new bill.
The Edge Malaysia | Amer Hamzah Arshad said the lower court had erred in its analysis whether murder had been established, as it inferred irrelevant facts. At best, the charge should fall under section 299 of the Penal Code for culpable homicide, or under section 201 for causing evidence of disappearance.
Free Malaysia Today | The High Court sentenced six men to death in 2020 after they were found guilty of murdering DPP Kevin Morais on Sept 4, 2015, between Sentul, Kuala Lumpur, and Subang Jaya in Selangor. Lawyers for the accused submitted there was no evidence to implicate their clients in the murder. Amer Hamzah said that at best, his client had committed culpable homicide not amounting to murder.
Malaysiakini | The High Court ruled in 2020 that the prosecution succeeded in proving that the six men had committed murder per section 300 of the Penal Code. They were charged under section 302 which, at the time, carried the mandatory death penalty. Lawyer Amer Hamzah Arshad submitted that his client merely led the authorities to the barrel containing Kevin Morais’ remains.
Free Malaysia Today | A group of younger activist lawyers took most of the top 16 places in the Bar Council election. Fahri Azzat, who represents women’s rights group Sisters in Islam, came in top place with 2,449 votes. Anand Raj, the current Bar secretary, came in second with 2,413 votes, while human rights lawyer New Sin Yew finished third with 2,301 votes.
Free Malaysia Today | The prosecution succeeded in its application to jointly try the money laundering and corruption trials that former Bersatu information chief Wan Saiful Wan Jan faces in connection with the Jana Wibawa programme. Wan Saiful’s lawyer Amer Hamzah Arshad did not object to the request.
Malaysiakini | The government dropped provisions related to the tobacco and vape ban based on age from the revised bill on smoking products. The AG opined that the provisions violated Article 8 of the Federal Constitution which guaranteed equality, but lawyer New Sin Yew previously argued that Article 8 permits discrimination if the discrimination was in pursuit of a “legitimate objective”.
The Star | Human rights lawyer New Sin Yew said the government could seek a second opinion if it is unsatisfied with the AG’s advice that the GEG provision in the Control of Smoking Products for Public Health Bill 2023 is unconstitutional. The government could also advise the YDPA to refer the question to the Federal Court. Prohibitions on harmful substances are found all over the world.
The Edge Malaysia | CJ Tun Tengku Maimun Tuan Mat reminded lawyers to refrain from making comments that would distort events — the hearing was not about undermining the shariah courts, but simply about the competency of the Kelantan Legislative Assembly to enact impugned provisions. The Malaysian Bar, represented by Edmund Bon, and Sisters in Islam’s counsel Fahri Azzat, supported the petition.
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.
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.
CodeBlue | The deregulation of liquid nicotine contravenes the right to health which falls fall under the right to life. Citing international conventions ratified by Malaysia, Edmund Bon submitted in court, “I’m inviting, my Lord, to extend the definition of Article 5 [of the Federal Constitution] for the first time to include the right to health as a right that is logically an integral part of life itself.”
The Edge Malaysia | Amer Hamzah Arshad argued that the conviction of his client for murder by the High Court was unsafe as his client’s role in the case was only to show where the barrel containing DPP Kevin Morais’ body was disposed of. Amer added that his client can at best be faced with section 365 (for kidnapping) or 201 (hiding of evidence) under the Penal Code.
Free Malaysia Today | The prosecution failed to establish a common intention among six accused persons to murder DPP Kevin Morais eight years ago despite turning a seventh accused into a material witness, submitted defence lawyers. Amer Hamzah Arshad acted for S. Nimalan, one of the six accused persons.
New Straits Times | Counsel Amer Hamzah Arshad, who appeared for S. Nimalan, questioned, “If there is no identifiable action, let alone any evidence of the appellant’s actions, how can it be said that the asphyxiation suffered by the deceased was intentional or unintentional?” No other evidence indicated that the appellant intended to incapacitate or suffocate the deceased.
Scoop | The high court here today was told that with the passing of the smoking control bill last week, vendors cannot sell smoking products to minors. Three NGOs, represented by counsel Edmund Bon, have filed a judicial review application to quash part of the Poisons (Amendment of Poison List) Order made by the Health Ministry and to seek a declaration that the impugned order is void.
The Sun | Three NGOs filed a judicial review application to quash the order made by the Health Minister to remove nicotine from the list of controlled substances. Counsel Edmund Bon submitted that the newly passed bill controlling smoking products has yet to be ratified into law by the Dewan Negara. There is as yet no law against the sale of liquid nicotine products to children.
Focus Malaysia | Counsel Edmund Bon, representing three health-related NGOs, pointed out that at the time of Health Minister Dr Zaliha’s decision on March 31, there was no law forbidding the sale of nicotine-containing vapes and e-cigarettes to children.
Free Malaysia Today | Lawyer Edmund Bon said that the Health Minister’s decision to declassify liquid nicotine as a scheduled poison had failed to take into consideration the rights of children or the country’s obligations under the WHO’s Framework Convention on Tobacco Control. Earlier media reports had highlighted that candy laced with nicotine was being sold openly to children.
CodeBlue | Anti-tobacco groups argued in the High Court here today that passage of the Control of Smoking Products for Public Health Bill 2023 was irrelevant to the declassification of liquid nicotine from the Poisons List. Counsel Edmund Bon said that we cannot rely on any statements by the government in relation to this judicial review proceedings because nothing is certain.
Malaysiakini | Counsel Edmund Bon represented the three NGOS behind the judicial review — the Malaysian Council for Tobacco Control, the Malaysian Green Lung Association, and Voice of the Children. He argued that the Health Minister’s decision would lead to the sale of nicotine-containing vape and e-cigarettes to children because there was no law forbidding it, pending the Dewan Negara’s deliberation on the new bill.
The Edge Malaysia | Amer Hamzah Arshad said the lower court had erred in its analysis whether murder had been established, as it inferred irrelevant facts. At best, the charge should fall under section 299 of the Penal Code for culpable homicide, or under section 201 for causing evidence of disappearance.
Free Malaysia Today | The High Court sentenced six men to death in 2020 after they were found guilty of murdering DPP Kevin Morais on Sept 4, 2015, between Sentul, Kuala Lumpur, and Subang Jaya in Selangor. Lawyers for the accused submitted there was no evidence to implicate their clients in the murder. Amer Hamzah said that at best, his client had committed culpable homicide not amounting to murder.
Malaysiakini | The High Court ruled in 2020 that the prosecution succeeded in proving that the six men had committed murder per section 300 of the Penal Code. They were charged under section 302 which, at the time, carried the mandatory death penalty. Lawyer Amer Hamzah Arshad submitted that his client merely led the authorities to the barrel containing Kevin Morais’ remains.
Free Malaysia Today | A group of younger activist lawyers took most of the top 16 places in the Bar Council election. Fahri Azzat, who represents women’s rights group Sisters in Islam, came in top place with 2,449 votes. Anand Raj, the current Bar secretary, came in second with 2,413 votes, while human rights lawyer New Sin Yew finished third with 2,301 votes.
Free Malaysia Today | The prosecution succeeded in its application to jointly try the money laundering and corruption trials that former Bersatu information chief Wan Saiful Wan Jan faces in connection with the Jana Wibawa programme. Wan Saiful’s lawyer Amer Hamzah Arshad did not object to the request.
Malaysiakini | The government dropped provisions related to the tobacco and vape ban based on age from the revised bill on smoking products. The AG opined that the provisions violated Article 8 of the Federal Constitution which guaranteed equality, but lawyer New Sin Yew previously argued that Article 8 permits discrimination if the discrimination was in pursuit of a “legitimate objective”.
The Star | Human rights lawyer New Sin Yew said the government could seek a second opinion if it is unsatisfied with the AG’s advice that the GEG provision in the Control of Smoking Products for Public Health Bill 2023 is unconstitutional. The government could also advise the YDPA to refer the question to the Federal Court. Prohibitions on harmful substances are found all over the world.
The Edge Malaysia | CJ Tun Tengku Maimun Tuan Mat reminded lawyers to refrain from making comments that would distort events — the hearing was not about undermining the shariah courts, but simply about the competency of the Kelantan Legislative Assembly to enact impugned provisions. The Malaysian Bar, represented by Edmund Bon, and Sisters in Islam’s counsel Fahri Azzat, supported the petition.
