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.

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.

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.

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.