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Total ban on Melaka campaigning unlawful, unnecessary with right SOPs, lawyer argues

November 6, 2021

Malay Mail | Lawyer New Sin Yew, co-chair of the Bar Council’s Human Rights Committee, argued that a total ban on any election gatherings during the campaign period would be contrary to the legal rights given to Malaysians under the Federal Constitution and the Election Offences Act. Regulations are subsidiary legislation and cannot override primary legislation such as Acts enacted by Parliament.

‘Cadet could have been saved’

November 3, 2021

The Star | High Court judge Azman Abdullah rued the instances where Zulfarhan Osman Zulkarnain could have been saved — if the university trainer had used her common sense; if the clinic medical officer had reported suspicion of abuse. The court did not find an intent for murder, but found the case had proven elements of culpable homicide (section 299 of the Penal Code) punishable under section 304(a). Amer Hamzah

Navy cadet murder case: Accused escape gallows, get 18 years’ jail

November 2, 2021

Malaysiakini | Six students of UPNM were found not guilty of murder or abetting murder under section 302 and section 109 of the Penal Code. The court found them guilty of causing injuries with no intent of murder, under section 304(a). Amer Hamzah Arshad, Joshua Tay, and Hoe Sue Lu represented the first and second accused.

‘Kalau lihat jasad si mati, saya tak boleh nak bayangkan’ — Hakim

November 2, 2021

Berita Harian | Hakim Mahkamah Tinggi berkata, jika terdapat campur tangan dari Klinik As Salam Bangi, ia boleh menyelamatkan nyawa Zulfarhan Osman Zulkarnain. Enam tertuduh didapati bersalah menyebabkan kecederaan tanpa niat membunuh, dan lima antara mereka, bersama 12 lagi, didapati bersalah menyebabkan kecederaan untuk mendapatkan pengakuan. Amer Hamzah Arshad, Joshua Tay, dan Hoe Sue Lu mewakili tertuduh pertama dan kedua.

6 escape gallows over navy cadet’s death, but found guilty on manslaughter charge

November 2, 2021

Free Malaysia Today | The High Court found six students guilty of culpable homicide not amounting to murder under section 304(a) of the Penal Code. 12 others were convicted under section 330 of assault for the purpose of forcing a confession. Amer Hamzah Arshad, representing the first and second accused with Joshua Tay and Hoe Sue Lu, said the six regretted their actions and urged for mercy in sentencing.

Kes bunuh Zulfarhan: 6 bekas penuntut kena 18 tahun penjara

November 2, 2021

Berita Harian | Enam tertuduh dijatuhi hukuman penjara 18 tahun selepas didapati bersalah menyebabkan kecederaan tanpa niat membunuh terhadap Pegawai Kadet Laut UPNM, Zulfarhan Osman Zulkarnain. Pasukan peguam bela termasuk Amer Hamzah Arshad, Joshua Tay, dan Hoe Sue Lu.

Lawyers plead for clemency for mentally disabled man on Singapore death row

November 2, 2021

Free Malaysia Today | The Malaysian Bar, the Advocates Association of Sarawak, and the Sabah Law Society submitted an appeal for clemency to the Singapore government not to proceed with the execution of Malaysian Nagaenthran K. Dharmalingam as he suffers from a mental disability. Malaysian Bar Human Rights Committee co-chair New Sin Yew called for the death penalty to be abolished.

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.

Total ban on Melaka campaigning unlawful, unnecessary with right SOPs, lawyer argues

November 6, 2021

Malay Mail | Lawyer New Sin Yew, co-chair of the Bar Council’s Human Rights Committee, argued that a total ban on any election gatherings during the campaign period would be contrary to the legal rights given to Malaysians under the Federal Constitution and the Election Offences Act. Regulations are subsidiary legislation and cannot override primary legislation such as Acts enacted by Parliament.

‘Cadet could have been saved’

November 3, 2021

The Star | High Court judge Azman Abdullah rued the instances where Zulfarhan Osman Zulkarnain could have been saved — if the university trainer had used her common sense; if the clinic medical officer had reported suspicion of abuse. The court did not find an intent for murder, but found the case had proven elements of culpable homicide (section 299 of the Penal Code) punishable under section 304(a). Amer Hamzah

Navy cadet murder case: Accused escape gallows, get 18 years’ jail

November 2, 2021

Malaysiakini | Six students of UPNM were found not guilty of murder or abetting murder under section 302 and section 109 of the Penal Code. The court found them guilty of causing injuries with no intent of murder, under section 304(a). Amer Hamzah Arshad, Joshua Tay, and Hoe Sue Lu represented the first and second accused.

‘Kalau lihat jasad si mati, saya tak boleh nak bayangkan’ — Hakim

November 2, 2021

Berita Harian | Hakim Mahkamah Tinggi berkata, jika terdapat campur tangan dari Klinik As Salam Bangi, ia boleh menyelamatkan nyawa Zulfarhan Osman Zulkarnain. Enam tertuduh didapati bersalah menyebabkan kecederaan tanpa niat membunuh, dan lima antara mereka, bersama 12 lagi, didapati bersalah menyebabkan kecederaan untuk mendapatkan pengakuan. Amer Hamzah Arshad, Joshua Tay, dan Hoe Sue Lu mewakili tertuduh pertama dan kedua.

6 escape gallows over navy cadet’s death, but found guilty on manslaughter charge

November 2, 2021

Free Malaysia Today | The High Court found six students guilty of culpable homicide not amounting to murder under section 304(a) of the Penal Code. 12 others were convicted under section 330 of assault for the purpose of forcing a confession. Amer Hamzah Arshad, representing the first and second accused with Joshua Tay and Hoe Sue Lu, said the six regretted their actions and urged for mercy in sentencing.

Kes bunuh Zulfarhan: 6 bekas penuntut kena 18 tahun penjara

November 2, 2021

Berita Harian | Enam tertuduh dijatuhi hukuman penjara 18 tahun selepas didapati bersalah menyebabkan kecederaan tanpa niat membunuh terhadap Pegawai Kadet Laut UPNM, Zulfarhan Osman Zulkarnain. Pasukan peguam bela termasuk Amer Hamzah Arshad, Joshua Tay, dan Hoe Sue Lu.

Lawyers plead for clemency for mentally disabled man on Singapore death row

November 2, 2021

Free Malaysia Today | The Malaysian Bar, the Advocates Association of Sarawak, and the Sabah Law Society submitted an appeal for clemency to the Singapore government not to proceed with the execution of Malaysian Nagaenthran K. Dharmalingam as he suffers from a mental disability. Malaysian Bar Human Rights Committee co-chair New Sin Yew called for the death penalty to be abolished.

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.