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Malaysian Bar sends clemency appeal to Singapore for man with disability sentenced to death, urges Putrajaya to intervene

Team ABA November 2, 2021

Malay Mail | New Sin Yew said the Malaysian Bar holds a clear stance on the death penalty, that it is a cruel and unusual punishment that should be abolished. Nagaenthran K. Dharmalingam had been arrested in 2009 at the age of 21 for carrying drugs and diagnosed by a qualified Singapore-based psychiatrist with a borderline intellectual disability, but was still sentenced to death in Singapore.

‘Gay is Okay’ book could harm public order 7 years after publication: Filing

Team ABA November 1, 2021

Malaysiakini | The Home Minister contented that the prohibitory order issued under section 7(1) of the Printing Presses and Publications Act 1984 was valid as the book could jeopardise public order, despite no untoward incidents since its publication seven years ago. Counsel Michael Cheah confirmed that the High Court had set Jan 26 next year to hear the merits of the judicial review.

Nasib 18 pelajar UPNM ditentukan esok

Team ABA November 1, 2021

Berita Harian | 18 pelajar didakwa membunuh, bersubahat membunuh dan mencederakan Pegawai Kadet Laut UPNM empat tahun lalu. Pasukan peguam bela termasuk Amer Hamzah Arshad, Datuk Seri M. Ramachelam, Datuk Ranjit Singh Dhillon, Datuk Hazman Ahmad, Zamri Idrus, Fadly Hashim, dan Datuk Hazizah Kassim.

Malaysia’s citizenship quagmire complicates custody of children born to binational couples

Team ABA October 29, 2021

Malay Mail | Human rights lawyer Edmund Bon said, with binational marriage and divorce, “citizenship plays quite an important role in how the courts decide (custody)”. Citizenship also involves the right to reside; should the mother and child have different nationalities, women may feel they have no choice but to stay in bad marriages so as not to lose custody of their child.

AGC rejects Aker manager’s appeal to drop charge of cheating Petronas unit; court to decide on his striking out application on Nov 10

Team ABA October 12, 2021

The Edge Markets | The Sessions Court will deliver its decision on Aker Solutions Sdn Bhd manager Ahmad Hatta Kamaruzaman’s striking out application on 10 Nov. The AGC had rejected the letter of representation sent in August through his lawyers Amer Hamzah Arshad and S. Devanandan, who maintain that the charge levelled against Ahmad Hatta was not in order.

Najib’s alleged adviser to file a defamation suit against Syed Saddiq

Team ABA October 7, 2021

Malaysiakini | Lawyer Beatrice Chin confirmed that she had written to Habibul Rahman Kadir Shah’s lawyers to inform them of Syed Saddiq Syed Abdul Rahman’s refusal to accede to the demands in their legal letter. Habibul demanded an apology and damages from Syed Saddiq over his allegations of a conspiracy to weaken BERSATU.

Businessman to proceed with suit against Syed Saddiq

Team ABA October 7, 2021

Free Malaysia Today | Habibul Rahman Kadir Shah said Syed Saddiq Syed Abdul Rahman’s lawyers from AmerBON had responded to his letter of demand last month. Habibul had previously demanded that Syed Saddiq apologise for linking him to a purported plot to offer bribes to BERSATU members.

‘Pendakwaan pastikan Abdul Azeez dapat perbicaraan adil’

Team ABA October 6, 2021

Berita Harian | Bekas Pengerusi Tabung Haji Abdul Azeez Abdul Rahim diwakili peguam Amer Hamzah Arshad. Amer berkata anak guamnya adalah mangsa pendakwaan politik dan perincian pertuduhan tidak dipenuhi iaitu kekurangan butiran.

No miscarriage of justice in charges against ex-Tabung Haji chairman, appeals court told

Team ABA October 6, 2021

Malaysia Now | DPP Aslinda Ahad submitted that the money laundering charges against Abdul Azeez Abdul Rahim could stand on their own, and the prosecution, through the evidence of its witnesses, would explain the nature of the unlawful activities. Counsel Amer Hamzah Arshad argued that the particularisation of the ingredients of the charges against his client had not been fulfilled.

Nothing wrong with charges against Azeez, court told

Team ABA October 6, 2021

Free Malaysia Today | The DPP argued that the charges against Abdul Azeez Abdul Rahim were not defective. Counsel Amer Hamzah Arshad submitted that his client was a victim of political prosecution and that the trial should not be allowed to go on as it amounted to unjust suffering for him.

Ex-student accused of killing gangster at birthday party escapes gallows

Team ABA October 1, 2021

Free Malaysia Today | The Court of Appeal set aside the conviction of a former college student accused of stabbing a gangster four years ago. Lawyer Amer Hamzah Arshad, who appeared with lead counsel Gooi Soon Seng, submitted that the High Court judge had misdirected himself in not considering whether the act could be culpable homicide not amounting to murder.

Ex-student escapes the gallows after winning appeal against murder

Team ABA October 1, 2021

Bernama | A former college student escaped the hangman’s noose when a three-member Court of Appeal bench discharged and acquitted him, ruling that there was serious misdirection by the trial judge in fulfilling section 300 of the Penal Code. Lawyers Gooi Soon Seng, Amer Hamzah Arshad, Joshua Tay, and Ooi Pen Lyn represented the appellant.

Court to decide on Nov 2 on navy cadet’s death

Team ABA September 30, 2021

New Straits Times | Lawyers representing the accused in the murder of navy cadet Zulfarhan Osman Zulkarnain wrapped up their case after five years. Earlier lawyer Amer Hamzah Arshad argued that the cause of death is disputed by medical experts. The six accused are charged under sections 302 and 109 of the Penal Code, which carries the mandatory death sentence upon conviction.

Testimony on cause of cadet’s death contradictory, High Court told

Team ABA September 29, 2021

Free Malaysia Today | Six accused are facing charges under section 302 and section 109 of the Penal Code for murdering or abetting the murder of a marine cadet officer. With 12 others, they are also charged under section 330 of the same code, read with section 34, for voluntarily causing hurt. Amer Hamzah Arshad represented the first and second accused.

Experts contradict on navy cadet’s cause of death, defence says

Team ABA September 29, 2021

Malaysiakini | The prosecution’s evidence in respect of the cause of the death of a marine cadet officer was grounded solely on the testimony of the sixth prosecution witness. Counsel Amer Hamzah Arshad argued that this was disputed by the 19th defence witness.

Najib may seek re-election to Parliament despite conviction

Team ABA September 19, 2021

Malay Mail | Constitutional lawyer New Sin Yew said Najib Razak can run in a parliamentary election only if he succeeds in his appeal, receives a royal pardon, or if the King uses his discretion to remove the disqualification despite Najib being convicted for corruption.

Malaysian Bar sends clemency appeal to Singapore for man with disability sentenced to death, urges Putrajaya to intervene

November 2, 2021

Malay Mail | New Sin Yew said the Malaysian Bar holds a clear stance on the death penalty, that it is a cruel and unusual punishment that should be abolished. Nagaenthran K. Dharmalingam had been arrested in 2009 at the age of 21 for carrying drugs and diagnosed by a qualified Singapore-based psychiatrist with a borderline intellectual disability, but was still sentenced to death in Singapore.

‘Gay is Okay’ book could harm public order 7 years after publication: Filing

November 1, 2021

Malaysiakini | The Home Minister contented that the prohibitory order issued under section 7(1) of the Printing Presses and Publications Act 1984 was valid as the book could jeopardise public order, despite no untoward incidents since its publication seven years ago. Counsel Michael Cheah confirmed that the High Court had set Jan 26 next year to hear the merits of the judicial review.

Nasib 18 pelajar UPNM ditentukan esok

November 1, 2021

Berita Harian | 18 pelajar didakwa membunuh, bersubahat membunuh dan mencederakan Pegawai Kadet Laut UPNM empat tahun lalu. Pasukan peguam bela termasuk Amer Hamzah Arshad, Datuk Seri M. Ramachelam, Datuk Ranjit Singh Dhillon, Datuk Hazman Ahmad, Zamri Idrus, Fadly Hashim, dan Datuk Hazizah Kassim.

Malaysia’s citizenship quagmire complicates custody of children born to binational couples

October 29, 2021

Malay Mail | Human rights lawyer Edmund Bon said, with binational marriage and divorce, “citizenship plays quite an important role in how the courts decide (custody)”. Citizenship also involves the right to reside; should the mother and child have different nationalities, women may feel they have no choice but to stay in bad marriages so as not to lose custody of their child.

AGC rejects Aker manager’s appeal to drop charge of cheating Petronas unit; court to decide on his striking out application on Nov 10

October 12, 2021

The Edge Markets | The Sessions Court will deliver its decision on Aker Solutions Sdn Bhd manager Ahmad Hatta Kamaruzaman’s striking out application on 10 Nov. The AGC had rejected the letter of representation sent in August through his lawyers Amer Hamzah Arshad and S. Devanandan, who maintain that the charge levelled against Ahmad Hatta was not in order.

Najib’s alleged adviser to file a defamation suit against Syed Saddiq

October 7, 2021

Malaysiakini | Lawyer Beatrice Chin confirmed that she had written to Habibul Rahman Kadir Shah’s lawyers to inform them of Syed Saddiq Syed Abdul Rahman’s refusal to accede to the demands in their legal letter. Habibul demanded an apology and damages from Syed Saddiq over his allegations of a conspiracy to weaken BERSATU.

Businessman to proceed with suit against Syed Saddiq

October 7, 2021

Free Malaysia Today | Habibul Rahman Kadir Shah said Syed Saddiq Syed Abdul Rahman’s lawyers from AmerBON had responded to his letter of demand last month. Habibul had previously demanded that Syed Saddiq apologise for linking him to a purported plot to offer bribes to BERSATU members.

No miscarriage of justice in charges against ex-Tabung Haji chairman, appeals court told

October 6, 2021

Malaysia Now | DPP Aslinda Ahad submitted that the money laundering charges against Abdul Azeez Abdul Rahim could stand on their own, and the prosecution, through the evidence of its witnesses, would explain the nature of the unlawful activities. Counsel Amer Hamzah Arshad argued that the particularisation of the ingredients of the charges against his client had not been fulfilled.

Nothing wrong with charges against Azeez, court told

October 6, 2021

Free Malaysia Today | The DPP argued that the charges against Abdul Azeez Abdul Rahim were not defective. Counsel Amer Hamzah Arshad submitted that his client was a victim of political prosecution and that the trial should not be allowed to go on as it amounted to unjust suffering for him.

Ex-student accused of killing gangster at birthday party escapes gallows

October 1, 2021

Free Malaysia Today | The Court of Appeal set aside the conviction of a former college student accused of stabbing a gangster four years ago. Lawyer Amer Hamzah Arshad, who appeared with lead counsel Gooi Soon Seng, submitted that the High Court judge had misdirected himself in not considering whether the act could be culpable homicide not amounting to murder.

Ex-student escapes the gallows after winning appeal against murder

October 1, 2021

Bernama | A former college student escaped the hangman’s noose when a three-member Court of Appeal bench discharged and acquitted him, ruling that there was serious misdirection by the trial judge in fulfilling section 300 of the Penal Code. Lawyers Gooi Soon Seng, Amer Hamzah Arshad, Joshua Tay, and Ooi Pen Lyn represented the appellant.

Court to decide on Nov 2 on navy cadet’s death

September 30, 2021

New Straits Times | Lawyers representing the accused in the murder of navy cadet Zulfarhan Osman Zulkarnain wrapped up their case after five years. Earlier lawyer Amer Hamzah Arshad argued that the cause of death is disputed by medical experts. The six accused are charged under sections 302 and 109 of the Penal Code, which carries the mandatory death sentence upon conviction.

Testimony on cause of cadet’s death contradictory, High Court told

September 29, 2021

Free Malaysia Today | Six accused are facing charges under section 302 and section 109 of the Penal Code for murdering or abetting the murder of a marine cadet officer. With 12 others, they are also charged under section 330 of the same code, read with section 34, for voluntarily causing hurt. Amer Hamzah Arshad represented the first and second accused.

Experts contradict on navy cadet’s cause of death, defence says

September 29, 2021

Malaysiakini | The prosecution’s evidence in respect of the cause of the death of a marine cadet officer was grounded solely on the testimony of the sixth prosecution witness. Counsel Amer Hamzah Arshad argued that this was disputed by the 19th defence witness.

Najib may seek re-election to Parliament despite conviction

September 19, 2021

Malay Mail | Constitutional lawyer New Sin Yew said Najib Razak can run in a parliamentary election only if he succeeds in his appeal, receives a royal pardon, or if the King uses his discretion to remove the disqualification despite Najib being convicted for corruption.