Media Archive 2020

What are the rights of documented migrant workers under arrest?

BFM | New Sin Yew argued that while certain rights such as the freedom of speech, assembly and association are not available to non-citizens under the Federal Constitution, no law states that criticism of the government is an offense. If Mohd Rayhan Kabir is deported although he did not commit any offense, the decision would be arbitrary, unlawful, and not up to international human rights standards.

Ex-tow truck operator wins murder appeal in ‘case of mistaken identity’

Free Malaysia Today | A former tow truck operator was spared from the death penalty when the Court of Appeal set aside his murder conviction. Counsel Amer Hamzah Arshad explained that there was material contradiction in the prosecution’s case and proper evaluation of the evidence was not carried out.

Unpacking the “guilty” verdict on Najib’s SRC trial

BFM | The High Court found former Prime Minister Najib Razak guilty of all seven charges involving SRC International, for the misuse of office for personal gratification, money laundering and criminal breach of trust. New Sin Yew offered a legal perspective on the verdict and discussed whether Najib is likely to go to jail, what this means for his position as Member of Parliament for Pekan and his options for appeal.

Consider This: SRC Trial (Part 3) – Issues before the Court

Astro Awani | The night before former Prime Minister Najib Razak’s SRC trial verdict, New Sin Yew summarised key issues that the judge has to decide on. What was Najib’s role in obtaining the RM4 billion loan for SRC International? What was the purpose and treatment of the RM42 million in Najib’s bank account? What was Najib’s knowledge or state of mind regarding the RM42 million?

Lawyers question fuss over speaker’s letter to court

Free Malaysia Today | Lawyer New Sin Yew said it was common practice in criminal trials for the accused to sometimes request for the trial to be adjourned for various reasons, as Najib Razak did. Likewise, Amer Hamzah urged that a distinction be made between unlawful interference and mere communication between the three branches of government.

Malaysian govt responds to Al Jazeera migrant documentary

BFM | New Sin Yew noted that although the Immigration Act 1959/63 places power in the hands of the Director General (DG) to cancel permits of persons who threaten “public order, public security, public health or morality”, the power exercised by the DG must be reasonable and proportionate. Basic human rights principles of the freedom of speech and expression should be respected for all regardless of nationality or race.

M’sian journo named ‘information hero’ by international watchdog

Malaysiakini | Reporters Without Borders (RSF) named South China Morning Post reporter Tashny Sukumaran among a list of 30 coronavirus “information heroes”. Tashny was questioned by police over her tweets regarding the 1 May immigration raid at Selangor Mansion. Lawyer New Sin Yew called it plain harassment.

Bar Council needs to step up fight against sexual harassment, says activist

Malaysiakini | AWL deputy president Meera Samanther lamented that nothing is being done to address sexual harassment within the legal fraternity. New Sin Yew agreed that policies and complaint mechanisms must be in place. Victims should not be afraid of sharing their stories; perpetrators should be afraid.

Union wants justice for hospital cleaners

Free Malaysia Today | A national union for hospital cleaners claims that a government-linked subcontractor, hired to manage cleaning at public hospitals, is exploiting workers. Human rights lawyer Edmund Bon said the contract system meant that the cleaners would not enjoy the same benefits as someone employed as a permanent staff.

Absorb hospital cleaners to prevent exploitation, gov’t told

Malaysiakini | During a forum on the rights of hospital cleaners, lawyer Edmund Bon urged the government to protect frontliners who earned a low wage. Even when services are privatised, there should be a tripartite agreement, with the government also part of the contract.

Musa Aman freed of corruption, money laundering charges

Free Malaysia Today | The High Court freed former Sabah chief minister Musa Aman of his 46 corruption and money laundering charges in relation to timber concessions in the state. Lawyer Amer Hamzah said Musa was previously cleared by the Malaysian Anti-Corruption Commission (MACC) and Hong Kong’s Independent Commission Against Corruption.

Wang diterima Musa Aman itu sumbangan dana politik – Peguam

Malaysiakini | Pertuduhan terhadap bekas Ketua Menteri Sabah Tan Sri Musa Aman adalah tidak berasas. Peguam Amer Hamzah Arshad yang mewakili Musa berkata jumlah wang yang menjadi subjek pendakwaan sebenarnya telah diperjelaskan semasa siasatan terdahulu sebagai sumbangan-sumbangan politik.

Is one-day parliament sitting constitutional?

BFM | Is the separation of powers between the executive, legislature and judiciary being undermined? Is the excuse of COVID-19 valid, when the Parliament is allowed to make laws even under a state of emergency (Article 150, Federal Constitution)? Constitutional lawyer New Sin Yew spoke to BFM on these issues.

Cops question journo over immigration raid tweets, says lawyer

Malaysiakini | South China Morning Post’s Malaysia correspondent Tashny Sukumaran was questioned by federal police in relation to her tweets about a May 1 immigration raid in Kuala Lumpur. Lawyer New Sin Yew revealed that Tashny was questioned under the Penal Code and the Communications and Multimedia Act 1998, although she was tweeting in the course of duty. He called out the government for its assault on press freedom.

What are the rights of documented migrant workers under arrest?

BFM | New Sin Yew argued that while certain rights such as the freedom of speech, assembly and association are not available to non-citizens under the Federal Constitution, no law states that criticism of the government is an offense. If Mohd Rayhan Kabir is deported although he did not commit any offense, the decision would be arbitrary, unlawful, and not up to international human rights standards.

Ex-tow truck operator wins murder appeal in ‘case of mistaken identity’

Free Malaysia Today | A former tow truck operator was spared from the death penalty when the Court of Appeal set aside his murder conviction. Counsel Amer Hamzah Arshad explained that there was material contradiction in the prosecution’s case and proper evaluation of the evidence was not carried out.

Unpacking the “guilty” verdict on Najib’s SRC trial

BFM | The High Court found former Prime Minister Najib Razak guilty of all seven charges involving SRC International, for the misuse of office for personal gratification, money laundering and criminal breach of trust. New Sin Yew offered a legal perspective on the verdict and discussed whether Najib is likely to go to jail, what this means for his position as Member of Parliament for Pekan and his options for appeal.

Consider This: SRC Trial (Part 3) – Issues before the Court

Astro Awani | The night before former Prime Minister Najib Razak’s SRC trial verdict, New Sin Yew summarised key issues that the judge has to decide on. What was Najib’s role in obtaining the RM4 billion loan for SRC International? What was the purpose and treatment of the RM42 million in Najib’s bank account? What was Najib’s knowledge or state of mind regarding the RM42 million?

Lawyers question fuss over speaker’s letter to court

Free Malaysia Today | Lawyer New Sin Yew said it was common practice in criminal trials for the accused to sometimes request for the trial to be adjourned for various reasons, as Najib Razak did. Likewise, Amer Hamzah urged that a distinction be made between unlawful interference and mere communication between the three branches of government.

Malaysian govt responds to Al Jazeera migrant documentary

BFM | New Sin Yew noted that although the Immigration Act 1959/63 places power in the hands of the Director General (DG) to cancel permits of persons who threaten “public order, public security, public health or morality”, the power exercised by the DG must be reasonable and proportionate. Basic human rights principles of the freedom of speech and expression should be respected for all regardless of nationality or race.

M’sian journo named ‘information hero’ by international watchdog

Malaysiakini | Reporters Without Borders (RSF) named South China Morning Post reporter Tashny Sukumaran among a list of 30 coronavirus “information heroes”. Tashny was questioned by police over her tweets regarding the 1 May immigration raid at Selangor Mansion. Lawyer New Sin Yew called it plain harassment.

Bar Council needs to step up fight against sexual harassment, says activist

Malaysiakini | AWL deputy president Meera Samanther lamented that nothing is being done to address sexual harassment within the legal fraternity. New Sin Yew agreed that policies and complaint mechanisms must be in place. Victims should not be afraid of sharing their stories; perpetrators should be afraid.

Union wants justice for hospital cleaners

Free Malaysia Today | A national union for hospital cleaners claims that a government-linked subcontractor, hired to manage cleaning at public hospitals, is exploiting workers. Human rights lawyer Edmund Bon said the contract system meant that the cleaners would not enjoy the same benefits as someone employed as a permanent staff.

Absorb hospital cleaners to prevent exploitation, gov’t told

Malaysiakini | During a forum on the rights of hospital cleaners, lawyer Edmund Bon urged the government to protect frontliners who earned a low wage. Even when services are privatised, there should be a tripartite agreement, with the government also part of the contract.

Musa Aman freed of corruption, money laundering charges

Free Malaysia Today | The High Court freed former Sabah chief minister Musa Aman of his 46 corruption and money laundering charges in relation to timber concessions in the state. Lawyer Amer Hamzah said Musa was previously cleared by the Malaysian Anti-Corruption Commission (MACC) and Hong Kong’s Independent Commission Against Corruption.

Wang diterima Musa Aman itu sumbangan dana politik – Peguam

Malaysiakini | Pertuduhan terhadap bekas Ketua Menteri Sabah Tan Sri Musa Aman adalah tidak berasas. Peguam Amer Hamzah Arshad yang mewakili Musa berkata jumlah wang yang menjadi subjek pendakwaan sebenarnya telah diperjelaskan semasa siasatan terdahulu sebagai sumbangan-sumbangan politik.

Is one-day parliament sitting constitutional?

BFM | Is the separation of powers between the executive, legislature and judiciary being undermined? Is the excuse of COVID-19 valid, when the Parliament is allowed to make laws even under a state of emergency (Article 150, Federal Constitution)? Constitutional lawyer New Sin Yew spoke to BFM on these issues.

Cops question journo over immigration raid tweets, says lawyer

Malaysiakini | South China Morning Post’s Malaysia correspondent Tashny Sukumaran was questioned by federal police in relation to her tweets about a May 1 immigration raid in Kuala Lumpur. Lawyer New Sin Yew revealed that Tashny was questioned under the Penal Code and the Communications and Multimedia Act 1998, although she was tweeting in the course of duty. He called out the government for its assault on press freedom.