Amer Hamzah

Court of Appeal upholds conviction of 6 in Kevin Morais murder

Free Malaysia Today | The COA upheld the death penalty for six people convicted of the murder of DPP Kevin Morais eight years ago, saying the facts revealed that the murder was well-planned. Counsel Amer Hamzah Arshad appeared for S. Nimalan.

Morais murder: Conviction against ex-pathologist, 5 others upheld

Malaysiakini | The Court of Appeal ruled that the crime was extraordinary and the six men deserved the death penalty. Counsel N. Sivananthan represented Kunaseegaran. Lawyers M. Manoharan, Burhanudeen Abdul Wahid, Afifuddin Ahmad Hafifi, Amer Hamzah Arshad, and Kitson Foong appeared for Dinishwaran, Thinesh, Vishwanath, Nimalan, and Ravi respectively.

Trio jailed 35 years for kidnap, murder of businesswoman 9 years ago

Free Malaysia Today | The COA upheld the conviction of a former clerk and two men for the kidnap and murder of a businesswoman nine years ago. In 2018, they were sentenced to death but the COA now substituted capital punishment for a jail term as pleaded by their lawyers. Counsel Amer Hamzah Arshad, Joshua Tay, and others appeared for one of the accused.

Court of Appeal reinstates Muhyiddin’s criminal case involving RM232mil

The Star | A panel of three judges said the High Court had erred in law when it ruled the charges against former PM Muhyiddin Yasin were defective. They said the charges of obtaining bribes and receiving money from illegal activities were unambiguous. Lawyers representing Muhyiddin include Amer Hamzah Arshad.

Muhyiddin masih berdepan empat kes rasuah RM232.5 juta

Sinar Harian | Mahkamah Rayuan berkata Mahkamah Tinggi bertindak secara pramatang dengan melepaskan dan membebaskan Muhyiddin Yassin daripada semua pertuduhan sedangkan perbicaraan masih belum dimulakan, dan saksi juga belum dipanggil untuk memberi keterangan. Muhyiddin diwakili peguam Hisyam Teh Poh Teik dan Amer Hamzah Arsyad.

Muhyiddin’s bid for DNAA of three remaining charges won’t proceed for now as court allows prosecution’s stay application

Malay Mail | The Sessions Court decided to grant the prosecution’s application to temporarily stay proceedings related to former PM Muhyiddin Yassin’s bid to have his three remaining money-laundering charges set aside (since the predicate offences — four abuse of power charges — had already been struck out). Lawyers representing Muhyiddin are Chetan Jethwani, Amer Hamzah Arshad, Joshua Tay, Teh See Khoon, Siti Summaiyah Ahmad Jaafar, and Tang Jia Yearn.

Court grants stay of Muhyiddin’s bid to set aside money laundering charges

Free Malaysia Today | The Sessions Court granted a stay of Muhyiddin Yassin’s bid to set aside three money laundering charges to allow for the disposal of the prosecution’s urgent appeal against the former PM’s earlier acquittal from four power abuse charges. Lawyer Amer Hamzah Arshad asked the court to first hear Muhyiddin’s application to strike out the money laundering charges, but this was dismissed.

High Court quashes trafficking charge faced by couple

The Edge Malaysia | Counsel Amer Hamzah Arshad submitted that a human trafficking charge against his clients should be quashed as the purported offence began from August 2004, before the ATIPSOM Act 2007 was formulated. This violated Article 7 of the Federal Constitution, which includes protection of citizens against retrospective criminal law.

Court allows temporary passport return for Muhyiddin’s Thai trip

Malaysiakini | Criminal court judge Azura Alwi allowed former PM Muhyiddin Yassin’s application to temporarily return his passport, which was impounded pending disposal of his money laundering case. The trip was not urgent, but the court has wide discretion to allow temporary passport release. It is not appropriate to prevent the applicant from continuing his life as he has not been convicted, she told Muhyiddin’s counsel Amer Hamzah Arshad.

Muhyiddin gets his passport back for Bangkok trip

The Star | The Kuala Lumpur Sessions Court heard from Muhyiddin’s lawyer, Amer Hamzah Arshad, who submitted that his client was not a flight risk and should be allowed his application to have his passport returned temporarily. According to Amer, the trip involved networking, which was part of a politician’s job.

Death penalty against 6 men must be upheld in Morais’s murder, says prosecutor

Free Malaysia Today | Lawyers appearing for the appellants argued for their clients to be acquitted as the ingredients of the charge were not proven beyond reasonable doubt. Amer Hamzah Arshad said his client could at best be convicted only for culpable homicide, abduction, and disposing of evidence. Justice Hadhariah Syed Ismail said the COA bench would deliver its ruling on March 14.

Kevin Morais murder trial: Defence implores the court to set aside personal sentiment

The Edge Malaysia | The lawyers representing the three men who are appealing against their guilty conviction of murdering the late DPP Anthony Kevin Morais implored the judges of the case to set aside their friendship with Morais in deciding on the men’s appeal. Amer Hamzah Arshad, representing S. Nimalan, said the bench has to put aside its sentiment regarding the deceased, and follow the law.

Rosmah makes third bid for AG to drop money laundering, tax evasion cases

Malaysiakini | Counsel Amer Hamzah Arshad submitted multiple grounds to strike out of the charges against Rosmah Mansor. The 12 money laundering charges involving RM7.09mil are framed under section 4(1)(a) of the Anti-Money Laundering and Counter-Terrorism Financing Act. The five tax evasion charges under section 77(1) of the Income Tax Act 1967 claim that Rosmah failed to declare her income for five years.

Rosmah Mansor’s AMLA trial: Prosecution failed to disclose offence, say counsel

New Malaysia Herald | Defence counsel Amer Hamzah Arshad presented legal issues pertaining to the AMLA charges and reasons why they should be struck out and Rosmah Mansor should be acquitted. Amer said the MACC had acted ultra vires and the defects in the charges are incurable while the first to 12th charges failed to state the predicate offence.

Unfair to try Rosmah on defective charges, says lawyer

Free Malaysia Today | Rosmah Mansor, wife of former PM Najib Razak, is standing trial on 12 money laundering charges involving RM7.09 million and five charges of failing to declare her income to the IRB. In an application to strike out the charges, lawyer Amer Hamzah Arshad said there were missing links and 12 of the charges did not involve a “transaction” as defined by law.

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.

Morais murder: Conviction against ex-pathologist, 5 others upheld

Malaysiakini | The Court of Appeal ruled that the crime was extraordinary and the six men deserved the death penalty. Counsel N. Sivananthan represented Kunaseegaran. Lawyers M. Manoharan, Burhanudeen Abdul Wahid, Afifuddin Ahmad Hafifi, Amer Hamzah Arshad, and Kitson Foong appeared for Dinishwaran, Thinesh, Vishwanath, Nimalan, and Ravi respectively.

Trio jailed 35 years for kidnap, murder of businesswoman 9 years ago

Free Malaysia Today | The COA upheld the conviction of a former clerk and two men for the kidnap and murder of a businesswoman nine years ago. In 2018, they were sentenced to death but the COA now substituted capital punishment for a jail term as pleaded by their lawyers. Counsel Amer Hamzah Arshad, Joshua Tay, and others appeared for one of the accused.

Court of Appeal reinstates Muhyiddin’s criminal case involving RM232mil

The Star | A panel of three judges said the High Court had erred in law when it ruled the charges against former PM Muhyiddin Yasin were defective. They said the charges of obtaining bribes and receiving money from illegal activities were unambiguous. Lawyers representing Muhyiddin include Amer Hamzah Arshad.

Muhyiddin masih berdepan empat kes rasuah RM232.5 juta

Sinar Harian | Mahkamah Rayuan berkata Mahkamah Tinggi bertindak secara pramatang dengan melepaskan dan membebaskan Muhyiddin Yassin daripada semua pertuduhan sedangkan perbicaraan masih belum dimulakan, dan saksi juga belum dipanggil untuk memberi keterangan. Muhyiddin diwakili peguam Hisyam Teh Poh Teik dan Amer Hamzah Arsyad.

Muhyiddin’s bid for DNAA of three remaining charges won’t proceed for now as court allows prosecution’s stay application

Malay Mail | The Sessions Court decided to grant the prosecution’s application to temporarily stay proceedings related to former PM Muhyiddin Yassin’s bid to have his three remaining money-laundering charges set aside (since the predicate offences — four abuse of power charges — had already been struck out). Lawyers representing Muhyiddin are Chetan Jethwani, Amer Hamzah Arshad, Joshua Tay, Teh See Khoon, Siti Summaiyah Ahmad Jaafar, and Tang Jia Yearn.

Court grants stay of Muhyiddin’s bid to set aside money laundering charges

Free Malaysia Today | The Sessions Court granted a stay of Muhyiddin Yassin’s bid to set aside three money laundering charges to allow for the disposal of the prosecution’s urgent appeal against the former PM’s earlier acquittal from four power abuse charges. Lawyer Amer Hamzah Arshad asked the court to first hear Muhyiddin’s application to strike out the money laundering charges, but this was dismissed.

High Court quashes trafficking charge faced by couple

The Edge Malaysia | Counsel Amer Hamzah Arshad submitted that a human trafficking charge against his clients should be quashed as the purported offence began from August 2004, before the ATIPSOM Act 2007 was formulated. This violated Article 7 of the Federal Constitution, which includes protection of citizens against retrospective criminal law.

Court allows temporary passport return for Muhyiddin’s Thai trip

Malaysiakini | Criminal court judge Azura Alwi allowed former PM Muhyiddin Yassin’s application to temporarily return his passport, which was impounded pending disposal of his money laundering case. The trip was not urgent, but the court has wide discretion to allow temporary passport release. It is not appropriate to prevent the applicant from continuing his life as he has not been convicted, she told Muhyiddin’s counsel Amer Hamzah Arshad.

Muhyiddin gets his passport back for Bangkok trip

The Star | The Kuala Lumpur Sessions Court heard from Muhyiddin’s lawyer, Amer Hamzah Arshad, who submitted that his client was not a flight risk and should be allowed his application to have his passport returned temporarily. According to Amer, the trip involved networking, which was part of a politician’s job.

Death penalty against 6 men must be upheld in Morais’s murder, says prosecutor

Free Malaysia Today | Lawyers appearing for the appellants argued for their clients to be acquitted as the ingredients of the charge were not proven beyond reasonable doubt. Amer Hamzah Arshad said his client could at best be convicted only for culpable homicide, abduction, and disposing of evidence. Justice Hadhariah Syed Ismail said the COA bench would deliver its ruling on March 14.

Kevin Morais murder trial: Defence implores the court to set aside personal sentiment

The Edge Malaysia | The lawyers representing the three men who are appealing against their guilty conviction of murdering the late DPP Anthony Kevin Morais implored the judges of the case to set aside their friendship with Morais in deciding on the men’s appeal. Amer Hamzah Arshad, representing S. Nimalan, said the bench has to put aside its sentiment regarding the deceased, and follow the law.

Rosmah makes third bid for AG to drop money laundering, tax evasion cases

Malaysiakini | Counsel Amer Hamzah Arshad submitted multiple grounds to strike out of the charges against Rosmah Mansor. The 12 money laundering charges involving RM7.09mil are framed under section 4(1)(a) of the Anti-Money Laundering and Counter-Terrorism Financing Act. The five tax evasion charges under section 77(1) of the Income Tax Act 1967 claim that Rosmah failed to declare her income for five years.

Rosmah Mansor’s AMLA trial: Prosecution failed to disclose offence, say counsel

New Malaysia Herald | Defence counsel Amer Hamzah Arshad presented legal issues pertaining to the AMLA charges and reasons why they should be struck out and Rosmah Mansor should be acquitted. Amer said the MACC had acted ultra vires and the defects in the charges are incurable while the first to 12th charges failed to state the predicate offence.

Unfair to try Rosmah on defective charges, says lawyer

Free Malaysia Today | Rosmah Mansor, wife of former PM Najib Razak, is standing trial on 12 money laundering charges involving RM7.09 million and five charges of failing to declare her income to the IRB. In an application to strike out the charges, lawyer Amer Hamzah Arshad said there were missing links and 12 of the charges did not involve a “transaction” as defined by law.

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.