Joshua Tay

Sessions Court judge misdirected himself in convicting Repco’s Low of market manipulation, defence says

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.

Abdul Azeez to face graft and money laundering trial after appeal dismissed

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.

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.

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.

Law grad’s last appeal for CLP retake revives calls for Common Bar

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.

Aker Engineering manager given discharge not amounting to acquittal for cheating charge

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.

‘Cadet could have been saved’

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.

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

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

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

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.

Ex-student escapes the gallows after winning appeal against murder

Bernama | A former college student escaped the hangman’s noose when a three-member Court of Appeal bench discharged and acquitted him, ruling that there was serious misdirection by the trial judge in fulfilling section 300 of the Penal Code. Lawyers Gooi Soon Seng, Amer Hamzah Arshad, Joshua Tay, and Ooi Pen Lyn represented the appellant.

Why deport foreigners just for breaching SOPs, ask lawyers

Free Malaysia Today | Immigration DG recently commented that foreign nationals who breach MCO SOPs could potentially be deported. While the Immigration Act gives the DG wide-ranging powers, Joshua Tay stressed that the power to remove immigrants should only be exercised if there are good grounds to do so. The police or health ministry would be in a better position to take action against the violation of MCO SOPs.

Tabung Haji ex-chairman applies to strike out corruption, money-laundering charges

The Edge Markets | Lawyers Amer Hamzah Arshad and Joshua Tay confirmed that Lembaga Tabung Haji ex-chairman Datuk Seri Abdul Azeez Abdul Rahim has applied to strike out the charges against him. The grounds for the application was that the prosecution is mala fide, and that the charges are defective and groundless.

Unfair to compare Yazid Sufaat to LTTE suspects – Yazid’s lawyers

Malaysiakini | Responding to Klang MP Charles Santiago’s article comparing the SOSMA cases of Yazid Sufaat and the LTTE detainees, counsel Amer Hamzah, New Sin Yew, and Joshua Tay argued that those who oppose laws on detention without trial should oppose its use against everyone, regardless of race, religion or political ideology.

Sessions Court judge misdirected himself in convicting Repco’s Low of market manipulation, defence says

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.

Abdul Azeez to face graft and money laundering trial after appeal dismissed

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.

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.

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.

Law grad’s last appeal for CLP retake revives calls for Common Bar

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.

Aker Engineering manager given discharge not amounting to acquittal for cheating charge

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.

‘Cadet could have been saved’

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.

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

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

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

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.

Ex-student escapes the gallows after winning appeal against murder

Bernama | A former college student escaped the hangman’s noose when a three-member Court of Appeal bench discharged and acquitted him, ruling that there was serious misdirection by the trial judge in fulfilling section 300 of the Penal Code. Lawyers Gooi Soon Seng, Amer Hamzah Arshad, Joshua Tay, and Ooi Pen Lyn represented the appellant.

Why deport foreigners just for breaching SOPs, ask lawyers

Free Malaysia Today | Immigration DG recently commented that foreign nationals who breach MCO SOPs could potentially be deported. While the Immigration Act gives the DG wide-ranging powers, Joshua Tay stressed that the power to remove immigrants should only be exercised if there are good grounds to do so. The police or health ministry would be in a better position to take action against the violation of MCO SOPs.

Unfair to compare Yazid Sufaat to LTTE suspects – Yazid’s lawyers

Malaysiakini | Responding to Klang MP Charles Santiago’s article comparing the SOSMA cases of Yazid Sufaat and the LTTE detainees, counsel Amer Hamzah, New Sin Yew, and Joshua Tay argued that those who oppose laws on detention without trial should oppose its use against everyone, regardless of race, religion or political ideology.