The opaque Malaysian pardon system

BFM | Around 100,000 people have signed an online petition requesting that former PM Najib Razak’s petition for pardon be rejected, while a group of UMNO supporters submitted a memorandum seeking a royal pardon. Edmund Bon explained what the process entails, the difference between a conditional and a free pardon, and flaws in the system such as the absence of a right of the prisoner to be heard.

Clock ticks for Najib in Pekan

The Star | Najib Razak became the first former PM in the country’s history to be sent to prison for corruption. Bar Council Human Rights Committee co-chair New Sin Yew said there is no time limit to seek a royal pardon, but “Prison Regulation 2000 states that it should be done as soon as practicable after conviction”.

Explainer: Behind bars, Malaysia’s Najib has few ‘get out of jail’ cards left to play

Reuters | The Federal Court panel of five judges strongly asserted the judiciary’s independence, throwing out Najib Razak’s appeal against his corruption conviction by a lower court. Najib could apply for a pardon, which will then be reviewed by a Pardons Board headed by the King. Constitutional lawyer New Sin Yew said if Najib does not file the pardon within 14 days, he will lose his seat in Parliament.

Following Najib’s sentence, Edmund Bon wants pardons system reformed

Malaysiakini | Human rights lawyer Edmund Bon called for the pardons system for convicted prisoners to be reformed, drawing attention to the thousands of prisoners waiting for their pardons to be heard and re-heard. The Pardons Board comprises the AG, the federal territories minister, and three other members appointed by the YDPA, who presides over the board.

Najib verdict: Breaking down the ruling

BFM | Former PM Najib Razak will serve a 12-year prison sentence and pay a fine of RM210 million for his conviction on seven charges of abuse of power, criminal breach of trust, and money laundering involving RM42 million belonging to SRC International. The conviction was upheld by the Federal Court. Lawyer New Sin Yew unpacked what happened legally.

Najib has 14 days to file for pardon or lose MP status

Malaysiakini | Lawyer New Sin Yew explained that if former PM Najib Razak does not file a petition for pardon within 14 days, he will lose his status as MP under Article 48 of the Federal Constitution. The power to pardon can only be exercised by the YDPA in consultation with the Pardons Board.

We are officers of the court, lawyers remind Zaid

Malaysiakini | Former PM Najib Razak discharged his lawyers in the SRC International trial for the second time in less than a month, but the Federal Court denied his lawyer permission to discharge himself. Lawyer New Sin Yew noted that the court does have overarching control over such matters. For example, if a lawyer wants to discharge for some frivolous reason, the court can say no.

Businessman charged with using unrecognised ‘Datuk Seri’ title

The Star | A businessman pleaded not guilty to a charge of using an unrecognised title, brought under section 4(1) Enactment 18 of the Pahang Enactment of Emblems, Titles or Awards (Preventing Improper Use) 2017. Lawyer Amer Hamzah Arshad applied for reduced bail as his client is not a flight risk.

Lawyer: Immigration agrees not to deport Malaysia-born mum, three kids pending challenge against detention

Malay Mail | Lawyer New Sin Yew said the Malaysian government informed the KL High Court that it would not object to the stay application of a Johor-born mother and her three Selangor-born children. The stay application is to ensure the Immigration Department would not deport the four before the High Court hears the family’s challenge against their 3-week detention by immigration authorities.

COVID-19 vigil: Participants seek court order to identify arresting cops

Malaysiakini | Representing COVID-19 candlelight vigil participants who were wrongfully arrested last year, lawyers from AmerBON filed a discovery application to compel the police to produce the MyKad numbers, full names, and other information of the unidentified enforcement officers who made the arrests.

MACC to brief AG over new development in corruption case against Baling MP

Malaysiakini | Counsel Amer Hamzah Arshad informed the Appellate Court this morning that the MACC is set to brief the AGC over new developments on leads involving the corruption and money laundering case against Abdul Azeez Abdul Rahim, leading the court to postpone its decision over his appeal to strike out the case to Aug 26.

Handling bosses who smoke in the office

Bernama | Michael Cheah, a lawyer specialising in employment law, said smoking posed a health risk to others and employees were entitled to legal action under OSHA 1994. Section 15(1) mandates employers to ensure “the safety, health and welfare at work of all his employees”. Smoking in workplaces with centralised air-conditioning is also an offence under the Control of Tobacco Product Regulations.

July 1 verdict on bid to quash corruption case against Azeez

Malaysiakini | Baling MP Abdul Azeez Abdul Rahim is facing three counts of accepting bribes of RM5.2 million and 10 counts of money laundering involving RM13.9 million. He is appealing the KL High Court’s decision to reject his application to quash the charges. Counsel Amer Hamzah Arshad confirmed the COA has fixed July 1 to deliver the decision on the appeal.

Court grants Johor voter permission to challenge EC, govt

Malaysiakini | Counsel New Sin Yew confirmed that the KL High Court allowed a legal challenge against the EC’s decision to bar a quarantined voter from voting. Beatrice Chin also represented the applicant. Article 119 of the Federal Constitution, the Election Act 1958, and the Elections (Conduct of Elections) Regulations 1981 provide the right to vote; permission from the district health officer is not provided for.

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.

The opaque Malaysian pardon system

BFM | Around 100,000 people have signed an online petition requesting that former PM Najib Razak’s petition for pardon be rejected, while a group of UMNO supporters submitted a memorandum seeking a royal pardon. Edmund Bon explained what the process entails, the difference between a conditional and a free pardon, and flaws in the system such as the absence of a right of the prisoner to be heard.

Clock ticks for Najib in Pekan

The Star | Najib Razak became the first former PM in the country’s history to be sent to prison for corruption. Bar Council Human Rights Committee co-chair New Sin Yew said there is no time limit to seek a royal pardon, but “Prison Regulation 2000 states that it should be done as soon as practicable after conviction”.

Explainer: Behind bars, Malaysia’s Najib has few ‘get out of jail’ cards left to play

Reuters | The Federal Court panel of five judges strongly asserted the judiciary’s independence, throwing out Najib Razak’s appeal against his corruption conviction by a lower court. Najib could apply for a pardon, which will then be reviewed by a Pardons Board headed by the King. Constitutional lawyer New Sin Yew said if Najib does not file the pardon within 14 days, he will lose his seat in Parliament.

Following Najib’s sentence, Edmund Bon wants pardons system reformed

Malaysiakini | Human rights lawyer Edmund Bon called for the pardons system for convicted prisoners to be reformed, drawing attention to the thousands of prisoners waiting for their pardons to be heard and re-heard. The Pardons Board comprises the AG, the federal territories minister, and three other members appointed by the YDPA, who presides over the board.

Najib verdict: Breaking down the ruling

BFM | Former PM Najib Razak will serve a 12-year prison sentence and pay a fine of RM210 million for his conviction on seven charges of abuse of power, criminal breach of trust, and money laundering involving RM42 million belonging to SRC International. The conviction was upheld by the Federal Court. Lawyer New Sin Yew unpacked what happened legally.

Najib has 14 days to file for pardon or lose MP status

Malaysiakini | Lawyer New Sin Yew explained that if former PM Najib Razak does not file a petition for pardon within 14 days, he will lose his status as MP under Article 48 of the Federal Constitution. The power to pardon can only be exercised by the YDPA in consultation with the Pardons Board.

We are officers of the court, lawyers remind Zaid

Malaysiakini | Former PM Najib Razak discharged his lawyers in the SRC International trial for the second time in less than a month, but the Federal Court denied his lawyer permission to discharge himself. Lawyer New Sin Yew noted that the court does have overarching control over such matters. For example, if a lawyer wants to discharge for some frivolous reason, the court can say no.

Businessman charged with using unrecognised ‘Datuk Seri’ title

The Star | A businessman pleaded not guilty to a charge of using an unrecognised title, brought under section 4(1) Enactment 18 of the Pahang Enactment of Emblems, Titles or Awards (Preventing Improper Use) 2017. Lawyer Amer Hamzah Arshad applied for reduced bail as his client is not a flight risk.

Lawyer: Immigration agrees not to deport Malaysia-born mum, three kids pending challenge against detention

Malay Mail | Lawyer New Sin Yew said the Malaysian government informed the KL High Court that it would not object to the stay application of a Johor-born mother and her three Selangor-born children. The stay application is to ensure the Immigration Department would not deport the four before the High Court hears the family’s challenge against their 3-week detention by immigration authorities.

COVID-19 vigil: Participants seek court order to identify arresting cops

Malaysiakini | Representing COVID-19 candlelight vigil participants who were wrongfully arrested last year, lawyers from AmerBON filed a discovery application to compel the police to produce the MyKad numbers, full names, and other information of the unidentified enforcement officers who made the arrests.

MACC to brief AG over new development in corruption case against Baling MP

Malaysiakini | Counsel Amer Hamzah Arshad informed the Appellate Court this morning that the MACC is set to brief the AGC over new developments on leads involving the corruption and money laundering case against Abdul Azeez Abdul Rahim, leading the court to postpone its decision over his appeal to strike out the case to Aug 26.

Handling bosses who smoke in the office

Bernama | Michael Cheah, a lawyer specialising in employment law, said smoking posed a health risk to others and employees were entitled to legal action under OSHA 1994. Section 15(1) mandates employers to ensure “the safety, health and welfare at work of all his employees”. Smoking in workplaces with centralised air-conditioning is also an offence under the Control of Tobacco Product Regulations.

July 1 verdict on bid to quash corruption case against Azeez

Malaysiakini | Baling MP Abdul Azeez Abdul Rahim is facing three counts of accepting bribes of RM5.2 million and 10 counts of money laundering involving RM13.9 million. He is appealing the KL High Court’s decision to reject his application to quash the charges. Counsel Amer Hamzah Arshad confirmed the COA has fixed July 1 to deliver the decision on the appeal.

Court grants Johor voter permission to challenge EC, govt

Malaysiakini | Counsel New Sin Yew confirmed that the KL High Court allowed a legal challenge against the EC’s decision to bar a quarantined voter from voting. Beatrice Chin also represented the applicant. Article 119 of the Federal Constitution, the Election Act 1958, and the Elections (Conduct of Elections) Regulations 1981 provide the right to vote; permission from the district health officer is not provided for.

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.