Amer Hamzah

Kevin Morais murder: Duo involved in kidnapping, hiding evidence at best, say lawyers

The Edge Malaysia | Amer Hamzah Arshad argued that the conviction of his client for murder by the High Court was unsafe as his client’s role in the case was only to show where the barrel containing DPP Kevin Morais’ body was disposed of. Amer added that his client can at best be faced with section 365 (for kidnapping) or 201 (hiding of evidence) under the Penal Code.

No common intention to murder DPP Morais, Court of Appeal told

Free Malaysia Today | The prosecution failed to establish a common intention among six accused persons to murder DPP Kevin Morais eight years ago despite turning a seventh accused into a material witness, submitted defence lawyers. Amer Hamzah Arshad acted for S. Nimalan, one of the six accused persons.

Kevin Morais murder: No evidence to show accused had suffocated victim, says lawyer

New Straits Times | Counsel Amer Hamzah Arshad, who appeared for S. Nimalan, questioned, “If there is no identifiable action, let alone any evidence of the appellant’s actions, how can it be said that the asphyxiation suffered by the deceased was intentional or unintentional?” No other evidence indicated that the appellant intended to incapacitate or suffocate the deceased.

Appellate court told conviction on pathologist over Kevin Morais murder unsafe

The Edge Malaysia | Amer Hamzah Arshad said the lower court had erred in its analysis whether murder had been established, as it inferred irrelevant facts. At best, the charge should fall under section 299 of the Penal Code for culpable homicide, or under section 201 for causing evidence of disappearance.

Evidence ‘cherry-picked’ to convict doctor of Morais’s murder, says lawyer

Free Malaysia Today | The High Court sentenced six men to death in 2020 after they were found guilty of murdering DPP Kevin Morais on Sept 4, 2015, between Sentul, Kuala Lumpur, and Subang Jaya in Selangor. Lawyers for the accused submitted there was no evidence to implicate their clients in the murder. Amer Hamzah said that at best, his client had committed culpable homicide not amounting to murder.

‘No evidence ex-pathologist masterminded Morais’ murder’

Malaysiakini | The High Court ruled in 2020 that the prosecution succeeded in proving that the six men had committed murder per section 300 of the Penal Code. They were charged under section 302 which, at the time, carried the mandatory death penalty. Lawyer Amer Hamzah Arshad submitted that his client merely led the authorities to the barrel containing Kevin Morais’ remains.

Joint trial for Wan Saiful’s money laundering, corruption cases

Free Malaysia Today | The prosecution succeeded in its application to jointly try the money laundering and corruption trials that former Bersatu information chief Wan Saiful Wan Jan faces in connection with the Jana Wibawa programme. Wan Saiful’s lawyer Amer Hamzah Arshad did not object to the request.

Trio convicted of murder get reprieve as court reduces charge

Free Malaysia Today | Three friends were spared the death sentence after the Court of Appeal reduced their charges from murder to culpable homicide, stating that the High Court failed to delve deeply into the provisions under section 299 of the Penal Code. Amer Hamzah Arshad represented two of the three accused, with lawyer Rajpal Singh.

Former GIIB directors freed from MACC charges

New Straits Times | The court accepted a motion to quash four charges under section 18 of the MACC 2009 Act against two of GIIB Holdings Bhd’s former directors, stating that the charges were related to allegations made by a former director of finance who was dismissed for misconduct. They were represented by lawyers Kee Shu Min and Amer Hamzah Arshad.

Court acquits 2 ex-GIIB executives for issuing fake documents

Free Malaysia Today | Lawyer Amer Hamzah Arshad said the High Court judge allowed a motion to acquit the rubber compound manufacturer’s former executive director and its former CEO. They were charged with intending to deceive audit firm Grant Thornton Malaysia PLT through the issuance of fake documents. The duo argued that the documents were not intended for the firm and hence cannot be meant to deceive.

Two top officials of GIIB acquitted of charges of furnishing fake documents

The Edge | Two former top officials of GIIB Holdings Bhd were acquitted by the High Court of charge under sections 18 and 18(1)(c) of the MACC Act respectively, related to the furnishing of fake documents. Lawyers Amer Hamzah Arshad and Kee Shu Min had argued that the duties and responsibilities of an auditor under the Companies Act 2016 do not constitute an interest under section 18 of the MACC Act.

Ex-army man spared death sentence, jailed for drug possession

Free Malaysia Today | The Court of Appeal reduced a charge of drug trafficking to one of possession for an ex-army staff. Defence counsel Amer Hamzah Arshad informed the bench that representations to the AGC for a reduction in the charge had been accepted by the prosecution.

Court releases Wan Saiful’s passport for Japan trip

Free Malaysia Today | Tasek Gelugor MP Wan Saiful Wan Jan is among members of the parliamentary special select committee on infrastructure making a 10-day official working visit to Japan. Lawyer Amer Hamzah Arshad confirmed that the application to have the passport released was for the purpose of this trip.

Company director fails to strike out KL Tower corruption charge

Free Malaysia Today | The company director had filed an application to strike out a charge under section 16(b)(B) of the MACC Act 2009 alleging that it was flawed, unfounded, and lacked important details. Lawyer Amer Hamzah Arshad represented the accused.

Muhyiddin dilepas, bebas 4 tuduhan guna kedudukan untuk suapan RM232.5 juta

Harian Metro | Hakim Mahkamah Tinggi berkata, “Jika perbicaraan diteruskan akan menyebabkan Muhyiddin tidak dapat menyediakan pembelaan sewajarnya dan menjadikan pendakwaan terhadapnya sebagai satu penyalahgunaan proses mahkamah.” Presiden Bersatu Muhyiddin Yassin diwakili peguam Hisyam Teh Poh Teik dan Amer Hamzah Arshad,

Muhyiddin succeeds in having abuse of power charges dropped, court rules them defective

Malay Mail | Former PM Muhyiddin Yassin succeeded in having four abuse of power charges against him quashed, with three remaining criminal charges under the anti-money laundering act pending at the Sessions Court. The High Court ruled that the four charges did not disclose an offence under section 23(1) of the MACC Act and section 154 of the CPC.

1MDB judge discloses he and Jasmine Loo used to be law firm partners

Malaysiakini | During the RM2.28 billion 1MDB corruption trial of former PM Najib Razak, KL High Court judge Collin Sequerah disclosed that he used to be law firm partners with now detained 1MDB-linked fugitive Jasmine Loo 10-15 years ago. Loo surrendered herself and, through her lawyers from AmerBON, said she would assist authorities in expediting asset recovery efforts.

1MDB’s Jasmine Loo still under police probe, says DIGP

New Straits Times | Former general counsel for 1MDB Jasmine Loo is still under police investigation and is expected to be further investigated by the MACC. Her lawyers Amer Hamzah and Edmund Bon said their client will cooperate fully with the authorities.

Kevin Morais murder: Duo involved in kidnapping, hiding evidence at best, say lawyers

The Edge Malaysia | Amer Hamzah Arshad argued that the conviction of his client for murder by the High Court was unsafe as his client’s role in the case was only to show where the barrel containing DPP Kevin Morais’ body was disposed of. Amer added that his client can at best be faced with section 365 (for kidnapping) or 201 (hiding of evidence) under the Penal Code.

No common intention to murder DPP Morais, Court of Appeal told

Free Malaysia Today | The prosecution failed to establish a common intention among six accused persons to murder DPP Kevin Morais eight years ago despite turning a seventh accused into a material witness, submitted defence lawyers. Amer Hamzah Arshad acted for S. Nimalan, one of the six accused persons.

Kevin Morais murder: No evidence to show accused had suffocated victim, says lawyer

New Straits Times | Counsel Amer Hamzah Arshad, who appeared for S. Nimalan, questioned, “If there is no identifiable action, let alone any evidence of the appellant’s actions, how can it be said that the asphyxiation suffered by the deceased was intentional or unintentional?” No other evidence indicated that the appellant intended to incapacitate or suffocate the deceased.

Evidence ‘cherry-picked’ to convict doctor of Morais’s murder, says lawyer

Free Malaysia Today | The High Court sentenced six men to death in 2020 after they were found guilty of murdering DPP Kevin Morais on Sept 4, 2015, between Sentul, Kuala Lumpur, and Subang Jaya in Selangor. Lawyers for the accused submitted there was no evidence to implicate their clients in the murder. Amer Hamzah said that at best, his client had committed culpable homicide not amounting to murder.

‘No evidence ex-pathologist masterminded Morais’ murder’

Malaysiakini | The High Court ruled in 2020 that the prosecution succeeded in proving that the six men had committed murder per section 300 of the Penal Code. They were charged under section 302 which, at the time, carried the mandatory death penalty. Lawyer Amer Hamzah Arshad submitted that his client merely led the authorities to the barrel containing Kevin Morais’ remains.

Joint trial for Wan Saiful’s money laundering, corruption cases

Free Malaysia Today | The prosecution succeeded in its application to jointly try the money laundering and corruption trials that former Bersatu information chief Wan Saiful Wan Jan faces in connection with the Jana Wibawa programme. Wan Saiful’s lawyer Amer Hamzah Arshad did not object to the request.

Trio convicted of murder get reprieve as court reduces charge

Free Malaysia Today | Three friends were spared the death sentence after the Court of Appeal reduced their charges from murder to culpable homicide, stating that the High Court failed to delve deeply into the provisions under section 299 of the Penal Code. Amer Hamzah Arshad represented two of the three accused, with lawyer Rajpal Singh.

Former GIIB directors freed from MACC charges

New Straits Times | The court accepted a motion to quash four charges under section 18 of the MACC 2009 Act against two of GIIB Holdings Bhd’s former directors, stating that the charges were related to allegations made by a former director of finance who was dismissed for misconduct. They were represented by lawyers Kee Shu Min and Amer Hamzah Arshad.

Court acquits 2 ex-GIIB executives for issuing fake documents

Free Malaysia Today | Lawyer Amer Hamzah Arshad said the High Court judge allowed a motion to acquit the rubber compound manufacturer’s former executive director and its former CEO. They were charged with intending to deceive audit firm Grant Thornton Malaysia PLT through the issuance of fake documents. The duo argued that the documents were not intended for the firm and hence cannot be meant to deceive.

Two top officials of GIIB acquitted of charges of furnishing fake documents

The Edge | Two former top officials of GIIB Holdings Bhd were acquitted by the High Court of charge under sections 18 and 18(1)(c) of the MACC Act respectively, related to the furnishing of fake documents. Lawyers Amer Hamzah Arshad and Kee Shu Min had argued that the duties and responsibilities of an auditor under the Companies Act 2016 do not constitute an interest under section 18 of the MACC Act.

Ex-army man spared death sentence, jailed for drug possession

Free Malaysia Today | The Court of Appeal reduced a charge of drug trafficking to one of possession for an ex-army staff. Defence counsel Amer Hamzah Arshad informed the bench that representations to the AGC for a reduction in the charge had been accepted by the prosecution.

Court releases Wan Saiful’s passport for Japan trip

Free Malaysia Today | Tasek Gelugor MP Wan Saiful Wan Jan is among members of the parliamentary special select committee on infrastructure making a 10-day official working visit to Japan. Lawyer Amer Hamzah Arshad confirmed that the application to have the passport released was for the purpose of this trip.

Company director fails to strike out KL Tower corruption charge

Free Malaysia Today | The company director had filed an application to strike out a charge under section 16(b)(B) of the MACC Act 2009 alleging that it was flawed, unfounded, and lacked important details. Lawyer Amer Hamzah Arshad represented the accused.

Muhyiddin dilepas, bebas 4 tuduhan guna kedudukan untuk suapan RM232.5 juta

Harian Metro | Hakim Mahkamah Tinggi berkata, “Jika perbicaraan diteruskan akan menyebabkan Muhyiddin tidak dapat menyediakan pembelaan sewajarnya dan menjadikan pendakwaan terhadapnya sebagai satu penyalahgunaan proses mahkamah.” Presiden Bersatu Muhyiddin Yassin diwakili peguam Hisyam Teh Poh Teik dan Amer Hamzah Arshad,

Muhyiddin succeeds in having abuse of power charges dropped, court rules them defective

Malay Mail | Former PM Muhyiddin Yassin succeeded in having four abuse of power charges against him quashed, with three remaining criminal charges under the anti-money laundering act pending at the Sessions Court. The High Court ruled that the four charges did not disclose an offence under section 23(1) of the MACC Act and section 154 of the CPC.

1MDB judge discloses he and Jasmine Loo used to be law firm partners

Malaysiakini | During the RM2.28 billion 1MDB corruption trial of former PM Najib Razak, KL High Court judge Collin Sequerah disclosed that he used to be law firm partners with now detained 1MDB-linked fugitive Jasmine Loo 10-15 years ago. Loo surrendered herself and, through her lawyers from AmerBON, said she would assist authorities in expediting asset recovery efforts.

1MDB’s Jasmine Loo still under police probe, says DIGP

New Straits Times | Former general counsel for 1MDB Jasmine Loo is still under police investigation and is expected to be further investigated by the MACC. Her lawyers Amer Hamzah and Edmund Bon said their client will cooperate fully with the authorities.