COVID and Court: Protect our lawyers and clients
Team ABA
March 16, 2020
A call for court proceedings to be cancelled
A call for court proceedings to be cancelled
Free Malaysia Today | The Federal Court order to rehear a Thai national’s appeal against the death sentence sends an important message. Lawyer Amer Hamzah Arshad said it is the constitutional duty of judges to provide a speaking or reasoned decision for a verdict. This would inspire public confidence in the administration of justice.
BFM | New Sin Yew shared that the Federal Constitution only recognises elected representatives and not political parties, hence, the introduction of an anti-hopping law would require amendments to the Constitution. He also argued that the law might not violate one’s freedom of association as this freedom may be restricted on the grounds of public order and morality. In the past week, party-hopping has led to major disruption of public order, and as party-hopping is a betrayal of the electoral mandate, a moral argument may also be made.
BFM | As the Istana Negara confirmed that Muhyiddin Yassin would be the eighth Prime Minister of Malaysia, New Sin Yew emphasised the importance of going back to the Dewan Rakyat for a confidence vote, through a transparent parliamentary process. Statutory declarations should not be relied upon as they have been abused in Malaysia and have paved the way for corruption and horse-trading.
Rabbit Hole Magazine | A commentary on how Prime Minister Mahathir Mohamad who seemed like the most powerful man in the country fell from grace within a week. New Sin Yew’s analysis on the Mahathir’s actions was quoted.
BFM | New Sin Yew spoke about Tun Mahathir’s resignation and the possible scenarios that can unfold. The Prime Minister’s resignation will not be formalised until there is someone else who can command the confidence of the majority in Parliament, or if the Yang di-Pertuan Agong dissolves the House of Representatives.
SeedPeak | AmerBON’s lawyer-runner-triathlete, Amer Hamzah Arshad, is now sponsored by SeedPeak.
Malaysiakini | The special committee to review alternative sentences to the mandatory death penalty has submitted its report to the government after consultations with international experts, families of crime victims, families of prisoners on death row, prisoners on death rows themselves, government agencies, religious groups, civil society as well as government and opposition Members of Parliament. Edmund Bon was a member of the special committee.
“…they are not only professional but also willing to go beyond and always try to find the best solutions.”
Tough Asia | Following the ranks of fervent plant-based athletes, criminal litigator Amer Hamzah Arshad has been experimenting on his own green diet and discovered a new light of athletic prowess in his passion for running and triathlon.
The Washington Post | Mainthan Arumugam remains in prison on death row for murder, more than two years after the ostensible murder victim showed up at a family funeral. Criminal defense attorney Amer Hamzah began representing Mainthan in 2014 as he was struck by the unanswered questions raised in the case.
The Sun Daily | Three directors of a used tire processing company were charged with collaborating with a truck driver in disposing scheduled waste into Sungai Kim Kim. One of the directors was represented by Joshua Tay.
The Malaysian Reserve | Sessions Court judge for the case of the disposal of toxic waste into Sungai Kim Kim last March visited the tyre processing factory in the Tanjung Langsat Industrial Area, Johor Bahru. Also present were other interested parties in the case, and counsel Joshua Tay who represented one of the company directors, Sim Wei Der.
Free Malaysia Today | Lawyers in the country have pulled off a balancing act in electing an equal number of direct members from two opposing camps to manage the 2020/2021 Bar Council. Of the 12 council members elected, six are from the “Star” team, including AmerBON’s New Sin Yew.
New Straits Times |The trial of Sungai Kim Kim chemical dumping case began in the Johor Bahru Sessions Court today. One of the four accused is represented by counsel Joshua Tay.
Malaysiakini | The trial on the Sungai Kim Kim chemical dumping case began in the Sessions Court in Johor Bahru today. Among the accused was Sim Wei Der from Singapore, represented by counsel Joshua Tay.
Malaysiakini | Responding to Klang MP Charles Santiago’s article comparing the SOSMA cases of Yazid Sufaat and the LTTE detainees, counsel Amer Hamzah, New Sin Yew, and Joshua Tay argued that those who oppose laws on detention without trial should oppose its use against everyone, regardless of race, religion or political ideology.
Harian Metro | Bekas Ketua Hakim Negara Richard Malanjum mengetuai Jawatankuasa Khas Kajian Hukuman Gantian Terhadap Hukuman Mati Mandatori. Selain Richard, sembilan ahli jawatankuasa itu terdiri daripada pakar perundangan, termasuk Pengasas Bersama dan Pengarah Malaysian Centre for Constitutionalism and Human Rights (MCCHR), Edmund Bon.
New Straits Times | A witness in the murder trial of National Defence University of Malaysia (UPNM) cadet officer Zulfarhan Osman Zulkarnain told the High Court that he was certain who had hit and injured the victim because he had witnessed the incident. He was cross-examined by lawyer Amer Hamzah Arshad who was representing the first and second accused in the trial.
Malaysiakini | Lawyers, including New Sin Yew and Amer Hamzah Arshad, expressed concern that those charged for purported links to a now-defunct terrorist group may not receive fair trial. They pointed out the trials would be governed by the Security Offences (Special Measures) Act 2012 (SOSMA), which makes it easier for the prosecution to secure a conviction and is open to abuse.
A call for court proceedings to be cancelled
Free Malaysia Today | The Federal Court order to rehear a Thai national’s appeal against the death sentence sends an important message. Lawyer Amer Hamzah Arshad said it is the constitutional duty of judges to provide a speaking or reasoned decision for a verdict. This would inspire public confidence in the administration of justice.
BFM | New Sin Yew shared that the Federal Constitution only recognises elected representatives and not political parties, hence, the introduction of an anti-hopping law would require amendments to the Constitution. He also argued that the law might not violate one’s freedom of association as this freedom may be restricted on the grounds of public order and morality. In the past week, party-hopping has led to major disruption of public order, and as party-hopping is a betrayal of the electoral mandate, a moral argument may also be made.
BFM | As the Istana Negara confirmed that Muhyiddin Yassin would be the eighth Prime Minister of Malaysia, New Sin Yew emphasised the importance of going back to the Dewan Rakyat for a confidence vote, through a transparent parliamentary process. Statutory declarations should not be relied upon as they have been abused in Malaysia and have paved the way for corruption and horse-trading.
Rabbit Hole Magazine | A commentary on how Prime Minister Mahathir Mohamad who seemed like the most powerful man in the country fell from grace within a week. New Sin Yew’s analysis on the Mahathir’s actions was quoted.
BFM | New Sin Yew spoke about Tun Mahathir’s resignation and the possible scenarios that can unfold. The Prime Minister’s resignation will not be formalised until there is someone else who can command the confidence of the majority in Parliament, or if the Yang di-Pertuan Agong dissolves the House of Representatives.
SeedPeak | AmerBON’s lawyer-runner-triathlete, Amer Hamzah Arshad, is now sponsored by SeedPeak.
Malaysiakini | The special committee to review alternative sentences to the mandatory death penalty has submitted its report to the government after consultations with international experts, families of crime victims, families of prisoners on death row, prisoners on death rows themselves, government agencies, religious groups, civil society as well as government and opposition Members of Parliament. Edmund Bon was a member of the special committee.
“…they are not only professional but also willing to go beyond and always try to find the best solutions.”
Tough Asia | Following the ranks of fervent plant-based athletes, criminal litigator Amer Hamzah Arshad has been experimenting on his own green diet and discovered a new light of athletic prowess in his passion for running and triathlon.
The Washington Post | Mainthan Arumugam remains in prison on death row for murder, more than two years after the ostensible murder victim showed up at a family funeral. Criminal defense attorney Amer Hamzah began representing Mainthan in 2014 as he was struck by the unanswered questions raised in the case.
The Sun Daily | Three directors of a used tire processing company were charged with collaborating with a truck driver in disposing scheduled waste into Sungai Kim Kim. One of the directors was represented by Joshua Tay.
The Malaysian Reserve | Sessions Court judge for the case of the disposal of toxic waste into Sungai Kim Kim last March visited the tyre processing factory in the Tanjung Langsat Industrial Area, Johor Bahru. Also present were other interested parties in the case, and counsel Joshua Tay who represented one of the company directors, Sim Wei Der.
Free Malaysia Today | Lawyers in the country have pulled off a balancing act in electing an equal number of direct members from two opposing camps to manage the 2020/2021 Bar Council. Of the 12 council members elected, six are from the “Star” team, including AmerBON’s New Sin Yew.
New Straits Times |The trial of Sungai Kim Kim chemical dumping case began in the Johor Bahru Sessions Court today. One of the four accused is represented by counsel Joshua Tay.
Malaysiakini | The trial on the Sungai Kim Kim chemical dumping case began in the Sessions Court in Johor Bahru today. Among the accused was Sim Wei Der from Singapore, represented by counsel Joshua Tay.
Malaysiakini | Responding to Klang MP Charles Santiago’s article comparing the SOSMA cases of Yazid Sufaat and the LTTE detainees, counsel Amer Hamzah, New Sin Yew, and Joshua Tay argued that those who oppose laws on detention without trial should oppose its use against everyone, regardless of race, religion or political ideology.
Harian Metro | Bekas Ketua Hakim Negara Richard Malanjum mengetuai Jawatankuasa Khas Kajian Hukuman Gantian Terhadap Hukuman Mati Mandatori. Selain Richard, sembilan ahli jawatankuasa itu terdiri daripada pakar perundangan, termasuk Pengasas Bersama dan Pengarah Malaysian Centre for Constitutionalism and Human Rights (MCCHR), Edmund Bon.
New Straits Times | A witness in the murder trial of National Defence University of Malaysia (UPNM) cadet officer Zulfarhan Osman Zulkarnain told the High Court that he was certain who had hit and injured the victim because he had witnessed the incident. He was cross-examined by lawyer Amer Hamzah Arshad who was representing the first and second accused in the trial.
Malaysiakini | Lawyers, including New Sin Yew and Amer Hamzah Arshad, expressed concern that those charged for purported links to a now-defunct terrorist group may not receive fair trial. They pointed out the trials would be governed by the Security Offences (Special Measures) Act 2012 (SOSMA), which makes it easier for the prosecution to secure a conviction and is open to abuse.