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.
Sinar Daily | The AGC has yet to decide on the third representation by Rosmah Mansor to drop the 12 money laundering charges against her. involving more than RM7 million, and five charges of failing to declare her income to the IRB. Counsel Joshua Tay representing Rosmah said they agreed to the prosecution’s suggestion to go on to hear the application to drop charges.
Free Malaysia Today | The DPP told the High Court that the MACC is still investigating matters raised by Rosmah Mansor to strike out money laundering charges against her involving RM7.09 million and five other charges of failing to declare her income to LHDN. Rosmah was represented by lawyer Joshua Tay.
Malaysiakini | Jabatan Peguam Negara belum membuat keputusan berhubung representasi ketiga Rosmah Mansor bagi menggugurkan 12 pertuduhan pengubahan wang haram berjumlah RM7 juta dan lima pertuduhan gagal mengisytiharkan pendapatannya kepada LHDN. Peguam Joshua Tay bersetuju dengan cadangan pendakwaan untuk terus mendengar permohonan menggugurkan pertuduhan itu.
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.
Malay Mail | Former 1MDB general counsel Jasmine Loo, the 50th prosecution witness in Najib’s trial over the misappropriation of 1MDB’s RM2.27 billion, said she had seen a draft of the Arab donation letters — dated 2014 — in a London hotel in early 2015. Her lawyer Edmund Bon was also present at the KL High Court.
The Edge Malaysia | The KL High Court quashed a fine imposed on a company director for failing to appear before the SC, but upheld the one-day jail sentence and RM100,000 fine under section 32(8)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001. Joshua Tay represented the accused.
Fahri Azzat moved Azlina’s call to the Bar, repeating her father’s injunction to “be like Karpal Singh!”
The Edge Markets | The High Court allowed the discharge and acquittal of two senior executives of Aker Engineering Malaysia, ruling that the charges brought against them, while not mala fide, were defective. Senior Deputy President Ahmad Hatta and Director Mohd Yusof were represented by Amer Hamzah Arshad, Joshua Tay, and Michael Cheah.
Free Malaysia Today | Seven men were sentenced to jail terms of 10 years each after they pleaded guilty to an amended charge of causing the death of a trader during a riot in Klang six years ago. “I hope you will be rehabilitated and will be responsible citizens after you are freed from prison,” Justice Kamaludin said. Lawyers Amer Hamzah Arshad and Joshua Tay represented three of the accused.
The Edge Markets | Low’s lawyer Joshua Tay told the High Court that the prosecution expert witness himself never concluded there was manipulation as stipulated by the Session Court judge. This was in contrast to the defence expert witness who confirmed there was no manipulation at all but averaging in.
The Edge Markets | Counsel Edmund Bon, representing former Repco Holdings Bhd Chairman Low Thiam Hock, said the defence witnesses had described averaging-in of Repco shares, not market manipulation as alleged by the prosecution, and there was no rebuttal by the prosecution. Yet the judge did not address this in his judgment. Edmund appeared with Joshua Tay, New Sin Yew, and Chan Yen Hui.
The Edge Markets | The Court of Appeal allowed former Lembaga Tabung Haji Chairman Abdul Azeez Abdul Rahim’s appeal to strike out four money laundering charges against him. The COA ruled that the prosecution should differentiate the venue of the alleged offences to differentiate the jurisdiction of the local court and to be fair to the accused. Amer Hamzah Arshad and Joshua Tay represented Abdul Azeez.
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.
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.
Malaysiakini | The KL Bar Committee will push for a standard professional examination for all law degree holders before they commence their chambering in Malaysia. Joshua Tay pointed out that problems arise when there is no common benchmark for graduates entering the legal profession as different institutions use different assessment criteria.
The Edge Markets | An Aker Engineering Malaysia Sdn Bhd manager was initially charged under section 417 of the Penal Code for cheating Petronas Carigali Sdn Bhd. The Sessions Court granted a DNAA, agreeing that the charge was vague and does not fulfil the provisions under section 154 of the Criminal Procedure Code. The manager was represented by Amer Hamzah Arshad, Michael Cheah, and Joshua Tay.
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 Arshad, Joshua Tay, and Hoe Sue Lu represented the first and second accused.
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.
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.
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.
Sinar Daily | The AGC has yet to decide on the third representation by Rosmah Mansor to drop the 12 money laundering charges against her. involving more than RM7 million, and five charges of failing to declare her income to the IRB. Counsel Joshua Tay representing Rosmah said they agreed to the prosecution’s suggestion to go on to hear the application to drop charges.
Free Malaysia Today | The DPP told the High Court that the MACC is still investigating matters raised by Rosmah Mansor to strike out money laundering charges against her involving RM7.09 million and five other charges of failing to declare her income to LHDN. Rosmah was represented by lawyer Joshua Tay.
Malaysiakini | Jabatan Peguam Negara belum membuat keputusan berhubung representasi ketiga Rosmah Mansor bagi menggugurkan 12 pertuduhan pengubahan wang haram berjumlah RM7 juta dan lima pertuduhan gagal mengisytiharkan pendapatannya kepada LHDN. Peguam Joshua Tay bersetuju dengan cadangan pendakwaan untuk terus mendengar permohonan menggugurkan pertuduhan itu.
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.
Malay Mail | Former 1MDB general counsel Jasmine Loo, the 50th prosecution witness in Najib’s trial over the misappropriation of 1MDB’s RM2.27 billion, said she had seen a draft of the Arab donation letters — dated 2014 — in a London hotel in early 2015. Her lawyer Edmund Bon was also present at the KL High Court.
The Edge Malaysia | The KL High Court quashed a fine imposed on a company director for failing to appear before the SC, but upheld the one-day jail sentence and RM100,000 fine under section 32(8)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001. Joshua Tay represented the accused.
Fahri Azzat moved Azlina’s call to the Bar, repeating her father’s injunction to “be like Karpal Singh!”
The Edge Markets | The High Court allowed the discharge and acquittal of two senior executives of Aker Engineering Malaysia, ruling that the charges brought against them, while not mala fide, were defective. Senior Deputy President Ahmad Hatta and Director Mohd Yusof were represented by Amer Hamzah Arshad, Joshua Tay, and Michael Cheah.
Free Malaysia Today | Seven men were sentenced to jail terms of 10 years each after they pleaded guilty to an amended charge of causing the death of a trader during a riot in Klang six years ago. “I hope you will be rehabilitated and will be responsible citizens after you are freed from prison,” Justice Kamaludin said. Lawyers Amer Hamzah Arshad and Joshua Tay represented three of the accused.
The Edge Markets | Low’s lawyer Joshua Tay told the High Court that the prosecution expert witness himself never concluded there was manipulation as stipulated by the Session Court judge. This was in contrast to the defence expert witness who confirmed there was no manipulation at all but averaging in.
The Edge Markets | Counsel Edmund Bon, representing former Repco Holdings Bhd Chairman Low Thiam Hock, said the defence witnesses had described averaging-in of Repco shares, not market manipulation as alleged by the prosecution, and there was no rebuttal by the prosecution. Yet the judge did not address this in his judgment. Edmund appeared with Joshua Tay, New Sin Yew, and Chan Yen Hui.
The Edge Markets | The Court of Appeal allowed former Lembaga Tabung Haji Chairman Abdul Azeez Abdul Rahim’s appeal to strike out four money laundering charges against him. The COA ruled that the prosecution should differentiate the venue of the alleged offences to differentiate the jurisdiction of the local court and to be fair to the accused. Amer Hamzah Arshad and Joshua Tay represented Abdul Azeez.
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.
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.
Malaysiakini | The KL Bar Committee will push for a standard professional examination for all law degree holders before they commence their chambering in Malaysia. Joshua Tay pointed out that problems arise when there is no common benchmark for graduates entering the legal profession as different institutions use different assessment criteria.
The Edge Markets | An Aker Engineering Malaysia Sdn Bhd manager was initially charged under section 417 of the Penal Code for cheating Petronas Carigali Sdn Bhd. The Sessions Court granted a DNAA, agreeing that the charge was vague and does not fulfil the provisions under section 154 of the Criminal Procedure Code. The manager was represented by Amer Hamzah Arshad, Michael Cheah, and Joshua Tay.
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 Arshad, Joshua Tay, and Hoe Sue Lu represented the first and second accused.
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.
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.
