Give death row inmates a chance at sentence revision — lawyers

Sinar Daily | The government has agreed to abolish the mandatory death penalty. Lawyer Joshua Tay said although the death penalty was not abolished completely, it is only fair that all death row inmates be given the opportunity to be resentenced, perhaps by a special panel of judges.

Analysis: Abolishment of mandatory death penalty signals nuanced take on drug problems

Astro Awani | Malaysia announced on June 10 that it will abolish the mandatory death sentence for drug offences and murder among others, and leave the sentencing to the judge. Human rights lawyer Edmund Bon noted, if the abolishment of the mandatory death penalty has no impact on crime rates, the argument that it has not deterred crime is justified.

Analisis: Pemansuhan hukuman mati mandatori cerminkan pendekatan bernuansa tangani masalah dadah

Bernama | Malaysia akan memansuhkan hukuman mati mandatori terhadap kesalahan berkaitan dadah serta kes bunuh. Sejak sekian lama, pertubuhan hak asasi manusia berhujah bahawa hukuman mati tidak berkesan sebagai pencegah jenayah. Peguam hak asasi manusia Edmund Bon berkata, jika pemansuhan hukuman mati mandatori tiada impak ke atas kadar jenayah, maka ini mewajarkan hujah mereka.

Rejected Johor voter sues Election Commission with electoral reform group Bersih’s help

Malay Mail | A Johor voter filed a suit against the government for preventing him from voting in the March Johor state elections. Beatrice Chin said that the EC should have taken proactive measures to conduct elections during the pandemic while ensuring that voters’ rights are not affected. Under election laws, the EC has no grounds to deny voters rights due to quarantine regulations.

Man who killed father-in-law gets 17 years’ jail, another acquitted

Free Malaysia Today | Judge Nazlan Mohd Ghazali acquitted unemployed Said A. Zamzani of murder as the defence had created a doubt in the prosecution’s case — it was relevant to consider Said’s mental condition. Lawyers Amer Hamzah Arshad, Joshua Tay, Beatrice Chin, and Lee Yee Woei represented Said.

Emergency proclamation: High Court dismisses bid by Bersih, Malaysian Bar to refer constitutional questions to apex court

Malay Mail | The Malaysian Bar had referred 27 questions of law on the validity of Malaysia’s emergency proclamation caused by COVID-19 while Bersih 2.0 had posed seven questions on the matter to the Federal Court. The High Court dismissed the application, stating that the jurisdiction to determine the constitutional questions lies within the High Court. Edmund Bon represented Bersih 2.0.

Lawyers questioned by cops over candlelight vigil for Nagaenthran

Malaysiakini | Malaysian Bar Council Human Rights Committee co-chairs New Sin Yew and Yohendra Nadarajan were questioned by the police and investigated under the Peaceful Assembly Act and the Prevention and Control of Infectious Diseases Act over a candlelight vigil against an execution in Singapore. They were accompanied by law pupils Farhan Amran and Sherise Vergis.

Analysis: Allow refugees to work so they can contribute to Malaysian economy

Bernama | The breakout at the temporary immigration detention centre in Sungai Bakap, Penang, renewed calls for a legal framework and policy to deal with refugees, especially Rohingyas. “The ideal thing is to have an agreement among Southeast Asian nations on who takes who and how to do verification with the UNHCR,” said Edmund Bon, the former Malaysian representative to AICHR.

Refugee activist Heidy Quah given discharge not amounting to acquittal for improper use of network facilities

Malay Mail | The Session Court gave Refuge for the Refugees founder Heidy Quah a DNAA as the judge found that the charge against her of improper use of network facilities failed to adhere to the strict language of section 233 of the Communications and Multimedia Act 1998. Her counsel New Sin Yew said her rights under Article 5 of the Federal Constitution have been infringed by this non-compliance.

Heidy Quah dilepas tanpa dibebaskan, pertuduhan cacat

Utusan Malaysia | Mahkamah Sesyen melepas tanpa membebaskan aktivis Heidy Quah daripada pertuduhan membuat komunikasi jelik berhubung dakwaan penganiayaan pelarian di pusat tahanan Imigresen. New Sin Yew berkata jika perbicaraan diteruskan dengan pertuduhan yang gagal mematuhi takrifan seksyen 233 Akta Komunikasi dan Multimedia 1998 ini, ia satu penyalahgunaan mahkamah.

Activist Heidy Quah granted DNAA, judge rules charge ‘defective’

The Star | Activist Heidy Quah was granted a DNAA by the Sessions Court over a charge of sharing offensive content in a Facebook post alleging mistreatment of refugees at an immigration detention centre. Her lawyer New Sin Yew said the court had found the charge against Quah not in compliance with sections 152 to 154 of the Criminal Procedure Code.

Activist discharged over post on ‘mistreatment’ of refugees

Free Malaysia Today | New Sin Yew said the court held that if Quah’s trial were to proceed, it would be an abuse of process and “that would diminish or render the accused’s (Quah) constitutional right to be ineffective or illusory”.

Heidy Quah granted DNAA over post on ‘mistreatment’ of refugees

Sinar Daily | Heidy Quah was charged under section 233(1)(a) of the CMA with knowingly making and initiating the transmission of offensive messages by stating that refugees at the Immigration detention centres were ill-treated, with a maximum fine of RM50,000 or imprisonment for up to one year, or both, if convicted. Lawyer New Sin Yew said that the Sessions Court found the charge against his client defective.

Activist Heidy Quah gets DNAA after judge rules charge defective

Malaysiakini | Activist Heidy Quah claimed trial before the Sessions Court on a charge of improper use of network facilities to upload an offensive statement. She then filed a civil lawsuit in the High Court through law firm AmerBON to seek a court order to rule the words “offensive” and “annoy” in section 233 invalidated for violating Article 10(1) of the Federal Constitution, which guarantees the freedom of speech.

Basikal lajak: A sad, long case for all

BFM | Beatrice Chin spoke to BFM about the legal process ahead in the “basikal lajak” case where a driver was convicted for causing the death of cyclists despite being previously acquitted on two occasions.

Does Article 10 amendment prevent another Sheraton Move?

BFM | Constitutional lawyer New Sin Yew shared his perspective on whether the proposed amendment to Article 10 of the Federal Constitution relating to the freedom of association will remedy the problem of politicians switching parties.

Give death row inmates a chance at sentence revision — lawyers

Sinar Daily | The government has agreed to abolish the mandatory death penalty. Lawyer Joshua Tay said although the death penalty was not abolished completely, it is only fair that all death row inmates be given the opportunity to be resentenced, perhaps by a special panel of judges.

Analysis: Abolishment of mandatory death penalty signals nuanced take on drug problems

Astro Awani | Malaysia announced on June 10 that it will abolish the mandatory death sentence for drug offences and murder among others, and leave the sentencing to the judge. Human rights lawyer Edmund Bon noted, if the abolishment of the mandatory death penalty has no impact on crime rates, the argument that it has not deterred crime is justified.

Analisis: Pemansuhan hukuman mati mandatori cerminkan pendekatan bernuansa tangani masalah dadah

Bernama | Malaysia akan memansuhkan hukuman mati mandatori terhadap kesalahan berkaitan dadah serta kes bunuh. Sejak sekian lama, pertubuhan hak asasi manusia berhujah bahawa hukuman mati tidak berkesan sebagai pencegah jenayah. Peguam hak asasi manusia Edmund Bon berkata, jika pemansuhan hukuman mati mandatori tiada impak ke atas kadar jenayah, maka ini mewajarkan hujah mereka.

Rejected Johor voter sues Election Commission with electoral reform group Bersih’s help

Malay Mail | A Johor voter filed a suit against the government for preventing him from voting in the March Johor state elections. Beatrice Chin said that the EC should have taken proactive measures to conduct elections during the pandemic while ensuring that voters’ rights are not affected. Under election laws, the EC has no grounds to deny voters rights due to quarantine regulations.

Man who killed father-in-law gets 17 years’ jail, another acquitted

Free Malaysia Today | Judge Nazlan Mohd Ghazali acquitted unemployed Said A. Zamzani of murder as the defence had created a doubt in the prosecution’s case — it was relevant to consider Said’s mental condition. Lawyers Amer Hamzah Arshad, Joshua Tay, Beatrice Chin, and Lee Yee Woei represented Said.

Emergency proclamation: High Court dismisses bid by Bersih, Malaysian Bar to refer constitutional questions to apex court

Malay Mail | The Malaysian Bar had referred 27 questions of law on the validity of Malaysia’s emergency proclamation caused by COVID-19 while Bersih 2.0 had posed seven questions on the matter to the Federal Court. The High Court dismissed the application, stating that the jurisdiction to determine the constitutional questions lies within the High Court. Edmund Bon represented Bersih 2.0.

Lawyers questioned by cops over candlelight vigil for Nagaenthran

Malaysiakini | Malaysian Bar Council Human Rights Committee co-chairs New Sin Yew and Yohendra Nadarajan were questioned by the police and investigated under the Peaceful Assembly Act and the Prevention and Control of Infectious Diseases Act over a candlelight vigil against an execution in Singapore. They were accompanied by law pupils Farhan Amran and Sherise Vergis.

Analysis: Allow refugees to work so they can contribute to Malaysian economy

Bernama | The breakout at the temporary immigration detention centre in Sungai Bakap, Penang, renewed calls for a legal framework and policy to deal with refugees, especially Rohingyas. “The ideal thing is to have an agreement among Southeast Asian nations on who takes who and how to do verification with the UNHCR,” said Edmund Bon, the former Malaysian representative to AICHR.

Refugee activist Heidy Quah given discharge not amounting to acquittal for improper use of network facilities

Malay Mail | The Session Court gave Refuge for the Refugees founder Heidy Quah a DNAA as the judge found that the charge against her of improper use of network facilities failed to adhere to the strict language of section 233 of the Communications and Multimedia Act 1998. Her counsel New Sin Yew said her rights under Article 5 of the Federal Constitution have been infringed by this non-compliance.

Heidy Quah dilepas tanpa dibebaskan, pertuduhan cacat

Utusan Malaysia | Mahkamah Sesyen melepas tanpa membebaskan aktivis Heidy Quah daripada pertuduhan membuat komunikasi jelik berhubung dakwaan penganiayaan pelarian di pusat tahanan Imigresen. New Sin Yew berkata jika perbicaraan diteruskan dengan pertuduhan yang gagal mematuhi takrifan seksyen 233 Akta Komunikasi dan Multimedia 1998 ini, ia satu penyalahgunaan mahkamah.

Activist Heidy Quah granted DNAA, judge rules charge ‘defective’

The Star | Activist Heidy Quah was granted a DNAA by the Sessions Court over a charge of sharing offensive content in a Facebook post alleging mistreatment of refugees at an immigration detention centre. Her lawyer New Sin Yew said the court had found the charge against Quah not in compliance with sections 152 to 154 of the Criminal Procedure Code.

Heidy Quah granted DNAA over post on ‘mistreatment’ of refugees

Sinar Daily | Heidy Quah was charged under section 233(1)(a) of the CMA with knowingly making and initiating the transmission of offensive messages by stating that refugees at the Immigration detention centres were ill-treated, with a maximum fine of RM50,000 or imprisonment for up to one year, or both, if convicted. Lawyer New Sin Yew said that the Sessions Court found the charge against his client defective.

Activist Heidy Quah gets DNAA after judge rules charge defective

Malaysiakini | Activist Heidy Quah claimed trial before the Sessions Court on a charge of improper use of network facilities to upload an offensive statement. She then filed a civil lawsuit in the High Court through law firm AmerBON to seek a court order to rule the words “offensive” and “annoy” in section 233 invalidated for violating Article 10(1) of the Federal Constitution, which guarantees the freedom of speech.

Basikal lajak: A sad, long case for all

BFM | Beatrice Chin spoke to BFM about the legal process ahead in the “basikal lajak” case where a driver was convicted for causing the death of cyclists despite being previously acquitted on two occasions.

Does Article 10 amendment prevent another Sheraton Move?

BFM | Constitutional lawyer New Sin Yew shared his perspective on whether the proposed amendment to Article 10 of the Federal Constitution relating to the freedom of association will remedy the problem of politicians switching parties.