Team ABA

Freedom of speech shields PN man’s ‘kerajaan zina’ comment, say lawyers

Free Malaysia Today | Padang Serai election candidate Azman Nasrudin’s likened the unity government to a promiscuous relationship, but lawyers Fahri Azzat and Jacqueline Albert believed he did not commit a crime. Jacqueline acknowledged that Azman’s remarks may be unpleasant but his actions were lawful as he did not threaten national security or incite violence or hate.

Malaysian Bar sues police, govt for wrongful detention

The Star | The writ of summons was filed through Messrs AmerBON on Oct 20, naming ACP Noor Dellhan Yahaya (in his capacity as Dang Wangi OCPD), DSP Nuzulan Mohd Din (in his capacity as Dang Wangi CID chief), the police, Inspector-General of Police, Home Minister and government of Malaysia as the first, second, third, fourth, fifth and sixth defendants, respectively.

Bar seeks compensation from cops for barring march to Parliament

Malaysiakini | The plaintiffs contended the defendants violated their fundamental right to personal liberty, equality before the law, freedom of movement, and freedom of assembly, as enshrined under Articles 5, 8, 9, and 10 of the Federal Constitution, when the police prevented them from marching during the Walk for Judicial Independence. The writ of summons was filed by AmerBON in the KL High Court.

Malaysian coalitions start maneuvering after hung Parliament

The Japan Times | As the coalitions turn to horse-trading to form an alliance after the elections led to a hung Parliament, Malaysia’s king will play a key role. Constitutional lawyer New Sin Yew said the King may determine which leader he believes commands a majority in Parliament, though this would not be tested publicly until Parliament reconvenes.

KINIGUIDE | What happens if no one wins GE15?

Malaysiakini | Lawyers Haniff Khatri Abdulla, New Sin Yew, and Bersih chairperson Thomas Fann shared their views on this question. There are two options if no Prime Minister candidate is able to get majority support in Parliament. First, the candidate with the highest number of MPs supporting him could seek the King’s consent to form a minority government. Second, the King may call for another general election.

Aker Engineering senior deputy president applies to strike out charge under Companies Act

The Edge Markets | Lawyer Amer Hamzah Arshad is representing two employees of Aker Engineering Malaysia applying to quash charges against them that are deemed defective and with malicious intent. The MACC was said to have no jurisdiction to bring charges under the Companies Act against the first accused and have abused its power against the second.

Pegawai kanan Aker Engineering mohon batal pertuduhan

Utusan Malaysia | Peguam Amer Hamzah Arshad mewakili kedua-dua pemohon. Pemohon pertama didakwa mengelirukan Pendaftar Syarikat dengan mengemukakan pernyataan palsu mengikut seksyen 591(2)(a) Akta Syarikat 2016, manakala pemohon kedua didakwa menggunakan dokumen palsu sama sebagai dokumen sokongan, mengikut seksyen seksyen 471 Kanun Keseksaan.

Democracy is a messy business

BFM | What happens if no political coalition wins a majority of parliamentary seats? New Sin Yew shared with BFM about the challenges of a hung parliament and how a transition of power should happen.

Sessions Court judge misdirected himself in convicting Repco’s Low of market manipulation, defence says

The Edge Markets | Counsel Edmund Bon, representing former Repco Holdings Bhd Chairman Low Thiam Hock, said the defence witnesses had described averaging-in of Repco shares, not market manipulation as alleged by the prosecution, and there was no rebuttal by the prosecution. Yet the judge did not address this in his judgment. Edmund appeared with Joshua Tay, New Sin Yew, and Chan Yen Hui.

NGOs, PKR leaders fail again to raise questions on Emergency

Free Malaysia Today | A three-member Court of Appeal bench said the High Court did not commit any appealable error to warrant an intervention, but ordered no costs as the issue was of public interest. The bench also dismissed a preliminary objection by federal counsel that any decision on constitutional reference applications before a High Court was not appealable. Edmund Bon represented the NGOs.

As flood polls loom, Agong’s discretionary powers may come into play

Malaysiakini | When does Article 40(2)(b) of the Federal Constitution apply, allowing the YDPA discretion to reject a request to dissolve Parliament? New Sin Yew argued that the King’s discretion must be read with Article 43(4), when the PM has lost support. A call to dissolve Parliament early would be the Cabinet’s “advice” to the King, which he is constitutionally compelled to accept under Article 40(1) and Article 40(1A).

Lawyers: Drawn-out court process can be improved with technology, reforms

Malaysiakini | Lawyer New Sin Yew said the issue of drawn-out court trials is an “incredibly complex” and “multi-layered” problem. The UK had attempted to alleviate the problem through the Woolf reforms in the 1990s, but the reforms were limited to addressing cost, delay, and complexity in the civil justice system.

Abdul Azeez freed of graft charges

The Star | Former Tabung Haji Chairman Abdul Azeez Abdul Rahim was given a DNAA under section 254(3) of the CPC by the Sessions Court, on nine charges — three for corruption and six for money laundering — linked to road projects in Perak and Kedah. His lawyer Amer Hamzah Arshad confirmed this.

Conditional discharge for Azeez in graft, money laundering case

Free Malaysia Today | Sessions Court judge Azura Alwi granted Baling MP Abdul Azeez Abdul Rahim a DNAA for his corruption and money laundering case, to enable the prosecution to complete their investigations on “new” leads. Abdul Azeez was represented by lawyer Amer Hamzah Arshad.

Azeez submits representation to AGC

The Star | Lawyer Amer Hamzah Arshad, who is representing Baling MP Abdul Azeez Abdul Rahim, confirmed submitting a representation to the AGC to cancel the nine charges against Abdul Azeez after failing to do so at the Court of Appeal. Amer explained that they were asking for a mention date to be set to get feedback on the representation.

Freedom of speech shields PN man’s ‘kerajaan zina’ comment, say lawyers

Free Malaysia Today | Padang Serai election candidate Azman Nasrudin’s likened the unity government to a promiscuous relationship, but lawyers Fahri Azzat and Jacqueline Albert believed he did not commit a crime. Jacqueline acknowledged that Azman’s remarks may be unpleasant but his actions were lawful as he did not threaten national security or incite violence or hate.

Malaysian Bar sues police, govt for wrongful detention

The Star | The writ of summons was filed through Messrs AmerBON on Oct 20, naming ACP Noor Dellhan Yahaya (in his capacity as Dang Wangi OCPD), DSP Nuzulan Mohd Din (in his capacity as Dang Wangi CID chief), the police, Inspector-General of Police, Home Minister and government of Malaysia as the first, second, third, fourth, fifth and sixth defendants, respectively.

Bar seeks compensation from cops for barring march to Parliament

Malaysiakini | The plaintiffs contended the defendants violated their fundamental right to personal liberty, equality before the law, freedom of movement, and freedom of assembly, as enshrined under Articles 5, 8, 9, and 10 of the Federal Constitution, when the police prevented them from marching during the Walk for Judicial Independence. The writ of summons was filed by AmerBON in the KL High Court.

Malaysian coalitions start maneuvering after hung Parliament

The Japan Times | As the coalitions turn to horse-trading to form an alliance after the elections led to a hung Parliament, Malaysia’s king will play a key role. Constitutional lawyer New Sin Yew said the King may determine which leader he believes commands a majority in Parliament, though this would not be tested publicly until Parliament reconvenes.

KINIGUIDE | What happens if no one wins GE15?

Malaysiakini | Lawyers Haniff Khatri Abdulla, New Sin Yew, and Bersih chairperson Thomas Fann shared their views on this question. There are two options if no Prime Minister candidate is able to get majority support in Parliament. First, the candidate with the highest number of MPs supporting him could seek the King’s consent to form a minority government. Second, the King may call for another general election.

Aker Engineering senior deputy president applies to strike out charge under Companies Act

The Edge Markets | Lawyer Amer Hamzah Arshad is representing two employees of Aker Engineering Malaysia applying to quash charges against them that are deemed defective and with malicious intent. The MACC was said to have no jurisdiction to bring charges under the Companies Act against the first accused and have abused its power against the second.

Pegawai kanan Aker Engineering mohon batal pertuduhan

Utusan Malaysia | Peguam Amer Hamzah Arshad mewakili kedua-dua pemohon. Pemohon pertama didakwa mengelirukan Pendaftar Syarikat dengan mengemukakan pernyataan palsu mengikut seksyen 591(2)(a) Akta Syarikat 2016, manakala pemohon kedua didakwa menggunakan dokumen palsu sama sebagai dokumen sokongan, mengikut seksyen seksyen 471 Kanun Keseksaan.

Democracy is a messy business

BFM | What happens if no political coalition wins a majority of parliamentary seats? New Sin Yew shared with BFM about the challenges of a hung parliament and how a transition of power should happen.

Sessions Court judge misdirected himself in convicting Repco’s Low of market manipulation, defence says

The Edge Markets | Counsel Edmund Bon, representing former Repco Holdings Bhd Chairman Low Thiam Hock, said the defence witnesses had described averaging-in of Repco shares, not market manipulation as alleged by the prosecution, and there was no rebuttal by the prosecution. Yet the judge did not address this in his judgment. Edmund appeared with Joshua Tay, New Sin Yew, and Chan Yen Hui.

NGOs, PKR leaders fail again to raise questions on Emergency

Free Malaysia Today | A three-member Court of Appeal bench said the High Court did not commit any appealable error to warrant an intervention, but ordered no costs as the issue was of public interest. The bench also dismissed a preliminary objection by federal counsel that any decision on constitutional reference applications before a High Court was not appealable. Edmund Bon represented the NGOs.

As flood polls loom, Agong’s discretionary powers may come into play

Malaysiakini | When does Article 40(2)(b) of the Federal Constitution apply, allowing the YDPA discretion to reject a request to dissolve Parliament? New Sin Yew argued that the King’s discretion must be read with Article 43(4), when the PM has lost support. A call to dissolve Parliament early would be the Cabinet’s “advice” to the King, which he is constitutionally compelled to accept under Article 40(1) and Article 40(1A).

Lawyers: Drawn-out court process can be improved with technology, reforms

Malaysiakini | Lawyer New Sin Yew said the issue of drawn-out court trials is an “incredibly complex” and “multi-layered” problem. The UK had attempted to alleviate the problem through the Woolf reforms in the 1990s, but the reforms were limited to addressing cost, delay, and complexity in the civil justice system.

Abdul Azeez freed of graft charges

The Star | Former Tabung Haji Chairman Abdul Azeez Abdul Rahim was given a DNAA under section 254(3) of the CPC by the Sessions Court, on nine charges — three for corruption and six for money laundering — linked to road projects in Perak and Kedah. His lawyer Amer Hamzah Arshad confirmed this.

Conditional discharge for Azeez in graft, money laundering case

Free Malaysia Today | Sessions Court judge Azura Alwi granted Baling MP Abdul Azeez Abdul Rahim a DNAA for his corruption and money laundering case, to enable the prosecution to complete their investigations on “new” leads. Abdul Azeez was represented by lawyer Amer Hamzah Arshad.

Azeez submits representation to AGC

The Star | Lawyer Amer Hamzah Arshad, who is representing Baling MP Abdul Azeez Abdul Rahim, confirmed submitting a representation to the AGC to cancel the nine charges against Abdul Azeez after failing to do so at the Court of Appeal. Amer explained that they were asking for a mention date to be set to get feedback on the representation.