Peserta nyalaan lilin kenang korban COVID-19 saman polis

Malaysiakini | Asraf Sharafi, jurucakap Sekretariat Solidariti Rakyat (SSR) berkata, “Saya telah melihat bagaimana peserta diheret, ditengking dan didera oleh pihak polis pada malam itu… tindak balas kerajaan bukanlah untuk mengerti dan menyelesaikan masalah rakyat tapi untuk mendiamkan tangisan mereka.” Plaintif diwakili oleh peguam New Sin Yew.

Cops sued over ‘wrongful’ arrests at COVID-19 vigil in August

Malaysiakini | 16 participants arrested during a candlelight vigil have filed a civil suit against the police. Their lawyer, New Sin Yew, explained that the plaintiffs are seeking a court declaration that their rights under Articles 5, 8, 9 and 10 of the Federal Constitution were violated. The participants were seen dragged, scolded, and abused by the police that night.

#Lawan organisers sue Putrajaya, police over arrests at COVID-19 candlelight vigil

Malay Mail | Sekretariat Solidariti Rakyat (SSR) filed a lawsuit against the Malaysian government and police over the arrest of 16 youths at a COVID-19 candlelight vigil. Lawyer New Sin Yew said the police’s behaviour showed clear abuse of power and wanton disregard of fundamental rights, while SSR emphasised that democratic spaces to show dissent or solidarity must not be shut down.

Act 342’s new penalty limits: Can a tier system prevent Malaysians from being punished disproportionately or excessively?

Malay Mail | The Health Ministry has proposed amendments to the Prevention and Control of Infectious Diseases Act. Lawyer New Sin Yew was concerned that the amendments do not distinguish between breaches, e.g. forgetting to wear a face mask and throwing a party during lockdown. He proposed adding a Schedule with a scale and mitigating factors to guide authorities.

Roadblock in Najib’s GE15 comeback

Malaysiakini | Despite losing his appeal over his guilty verdict, former PM Najib Razak has not ruled out seeking re-election at GE15; he said the terms of disqualification were “subject to interpretation”. New Sin Yew explained that while Article 48(4) of the Federal Constitution allows for convicted MPs to continue to serve in Parliament pending appeal, Article 48(5) states that Clause (4) does not apply for elections.

Timbalan Presiden Aker Engineering dilepas tanpa dibebaskan

Sinar Harian | Mahkamah Sesyen Kuala Lumpur membenarkan bantahan awal berhubung pertuduhan terhadap Ahmad Hatta Kamaruzzaman yang didakwa cacat dan tidak terperinci. Peguam Amer Hamzah Arshad berkata bantahan awal difailkan selepas Jabatan Peguam Negara menolak representasi yang dikemukakan untuk menggugurkan pertuduhan tersebut.

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.

Aker VP freed on charge of deceiving oil company

Free Malaysia Today | Lawyer Amer Hamzah Arshad explained that the Sessions Court had allowed the defence’s preliminary objection to the cheating charge against Aker Engineering Malaysia Group’s senior vice president on the grounds that the charge was defective. The court agree that the prosecution failed to list the ingredients of the offence and losses allegedly suffered in this case.

Court allows Aker Solutions VP’s cheating case to be dropped

Malaysiakini | The Kuala Lumpur Sessions Court today allowed a preliminary objection raised by lawyers of Ahmad Hatta Kamaruzzaman, the senior vice president of Aker Solutions Group, granting him a DNAA. Lawyer Amer Hamzah Arshad said the court ruled that the nature of the charge should be clear for the defence to prepare an effective defence for the accused.

Are students from vernacular schools less employable?

BFM | Constitutional lawyer New Sin Yew unpacked the legal details of the case against vernacular schools, explaining Article 152 of the Federal Constitution, sections 2, 17 and 28 of the Education Act 1966, etc. He commented that the plaintiffs appeared blind towards legislative history and the way these laws were drafted, mindful of the needs of minority communities.

Isu kerakyatan anak sukarkan penceraian wanita Malaysia kahwini warga asing

Bernama | Merujuk kes ibu kepada anak berstatus warga asing terpaksa berhati-hati melayani kerenah suaminya yang juga warga asing, peguam Edmund Bon berkata masalah besar perkahwinan pasangan berlainan warganegara ialah penceraian dan hak penjagaan anak. Jike kerakyatan ibu dan anak berbeza, ibu mungkin tidak dibenarkan menetap di negara yang sama jika berlaku penceraian.

Total ban on Melaka campaigning unlawful, unnecessary with right SOPs, lawyer argues

Malay Mail | Lawyer New Sin Yew, co-chair of the Bar Council’s Human Rights Committee, argued that a total ban on any election gatherings during the campaign period would be contrary to the legal rights given to Malaysians under the Federal Constitution and the Election Offences Act. Regulations are subsidiary legislation and cannot override primary legislation such as Acts enacted by Parliament.

‘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.

Kes bunuh Zulfarhan: 6 bekas penuntut kena 18 tahun penjara

Berita Harian | Enam tertuduh dijatuhi hukuman penjara 18 tahun selepas didapati bersalah menyebabkan kecederaan tanpa niat membunuh terhadap Pegawai Kadet Laut UPNM, Zulfarhan Osman Zulkarnain. Pasukan peguam bela termasuk Amer Hamzah Arshad, Joshua Tay, dan Hoe Sue Lu.

Lawyers plead for clemency for mentally disabled man on Singapore death row

Free Malaysia Today | The Malaysian Bar, the Advocates Association of Sarawak, and the Sabah Law Society submitted an appeal for clemency to the Singapore government not to proceed with the execution of Malaysian Nagaenthran K. Dharmalingam as he suffers from a mental disability. Malaysian Bar Human Rights Committee co-chair New Sin Yew called for the death penalty to be abolished.

Malaysian Bar sends clemency appeal to Singapore for man with disability sentenced to death, urges Putrajaya to intervene

Malay Mail | New Sin Yew said the Malaysian Bar holds a clear stance on the death penalty, that it is a cruel and unusual punishment that should be abolished. Nagaenthran K. Dharmalingam had been arrested in 2009 at the age of 21 for carrying drugs and diagnosed by a qualified Singapore-based psychiatrist with a borderline intellectual disability, but was still sentenced to death in Singapore.

Peserta nyalaan lilin kenang korban COVID-19 saman polis

Malaysiakini | Asraf Sharafi, jurucakap Sekretariat Solidariti Rakyat (SSR) berkata, “Saya telah melihat bagaimana peserta diheret, ditengking dan didera oleh pihak polis pada malam itu… tindak balas kerajaan bukanlah untuk mengerti dan menyelesaikan masalah rakyat tapi untuk mendiamkan tangisan mereka.” Plaintif diwakili oleh peguam New Sin Yew.

Cops sued over ‘wrongful’ arrests at COVID-19 vigil in August

Malaysiakini | 16 participants arrested during a candlelight vigil have filed a civil suit against the police. Their lawyer, New Sin Yew, explained that the plaintiffs are seeking a court declaration that their rights under Articles 5, 8, 9 and 10 of the Federal Constitution were violated. The participants were seen dragged, scolded, and abused by the police that night.

#Lawan organisers sue Putrajaya, police over arrests at COVID-19 candlelight vigil

Malay Mail | Sekretariat Solidariti Rakyat (SSR) filed a lawsuit against the Malaysian government and police over the arrest of 16 youths at a COVID-19 candlelight vigil. Lawyer New Sin Yew said the police’s behaviour showed clear abuse of power and wanton disregard of fundamental rights, while SSR emphasised that democratic spaces to show dissent or solidarity must not be shut down.

Act 342’s new penalty limits: Can a tier system prevent Malaysians from being punished disproportionately or excessively?

Malay Mail | The Health Ministry has proposed amendments to the Prevention and Control of Infectious Diseases Act. Lawyer New Sin Yew was concerned that the amendments do not distinguish between breaches, e.g. forgetting to wear a face mask and throwing a party during lockdown. He proposed adding a Schedule with a scale and mitigating factors to guide authorities.

Roadblock in Najib’s GE15 comeback

Malaysiakini | Despite losing his appeal over his guilty verdict, former PM Najib Razak has not ruled out seeking re-election at GE15; he said the terms of disqualification were “subject to interpretation”. New Sin Yew explained that while Article 48(4) of the Federal Constitution allows for convicted MPs to continue to serve in Parliament pending appeal, Article 48(5) states that Clause (4) does not apply for elections.

Timbalan Presiden Aker Engineering dilepas tanpa dibebaskan

Sinar Harian | Mahkamah Sesyen Kuala Lumpur membenarkan bantahan awal berhubung pertuduhan terhadap Ahmad Hatta Kamaruzzaman yang didakwa cacat dan tidak terperinci. Peguam Amer Hamzah Arshad berkata bantahan awal difailkan selepas Jabatan Peguam Negara menolak representasi yang dikemukakan untuk menggugurkan pertuduhan tersebut.

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.

Aker VP freed on charge of deceiving oil company

Free Malaysia Today | Lawyer Amer Hamzah Arshad explained that the Sessions Court had allowed the defence’s preliminary objection to the cheating charge against Aker Engineering Malaysia Group’s senior vice president on the grounds that the charge was defective. The court agree that the prosecution failed to list the ingredients of the offence and losses allegedly suffered in this case.

Court allows Aker Solutions VP’s cheating case to be dropped

Malaysiakini | The Kuala Lumpur Sessions Court today allowed a preliminary objection raised by lawyers of Ahmad Hatta Kamaruzzaman, the senior vice president of Aker Solutions Group, granting him a DNAA. Lawyer Amer Hamzah Arshad said the court ruled that the nature of the charge should be clear for the defence to prepare an effective defence for the accused.

Are students from vernacular schools less employable?

BFM | Constitutional lawyer New Sin Yew unpacked the legal details of the case against vernacular schools, explaining Article 152 of the Federal Constitution, sections 2, 17 and 28 of the Education Act 1966, etc. He commented that the plaintiffs appeared blind towards legislative history and the way these laws were drafted, mindful of the needs of minority communities.

Isu kerakyatan anak sukarkan penceraian wanita Malaysia kahwini warga asing

Bernama | Merujuk kes ibu kepada anak berstatus warga asing terpaksa berhati-hati melayani kerenah suaminya yang juga warga asing, peguam Edmund Bon berkata masalah besar perkahwinan pasangan berlainan warganegara ialah penceraian dan hak penjagaan anak. Jike kerakyatan ibu dan anak berbeza, ibu mungkin tidak dibenarkan menetap di negara yang sama jika berlaku penceraian.

Total ban on Melaka campaigning unlawful, unnecessary with right SOPs, lawyer argues

Malay Mail | Lawyer New Sin Yew, co-chair of the Bar Council’s Human Rights Committee, argued that a total ban on any election gatherings during the campaign period would be contrary to the legal rights given to Malaysians under the Federal Constitution and the Election Offences Act. Regulations are subsidiary legislation and cannot override primary legislation such as Acts enacted by Parliament.

‘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.

Kes bunuh Zulfarhan: 6 bekas penuntut kena 18 tahun penjara

Berita Harian | Enam tertuduh dijatuhi hukuman penjara 18 tahun selepas didapati bersalah menyebabkan kecederaan tanpa niat membunuh terhadap Pegawai Kadet Laut UPNM, Zulfarhan Osman Zulkarnain. Pasukan peguam bela termasuk Amer Hamzah Arshad, Joshua Tay, dan Hoe Sue Lu.

Lawyers plead for clemency for mentally disabled man on Singapore death row

Free Malaysia Today | The Malaysian Bar, the Advocates Association of Sarawak, and the Sabah Law Society submitted an appeal for clemency to the Singapore government not to proceed with the execution of Malaysian Nagaenthran K. Dharmalingam as he suffers from a mental disability. Malaysian Bar Human Rights Committee co-chair New Sin Yew called for the death penalty to be abolished.

Malaysian Bar sends clemency appeal to Singapore for man with disability sentenced to death, urges Putrajaya to intervene

Malay Mail | New Sin Yew said the Malaysian Bar holds a clear stance on the death penalty, that it is a cruel and unusual punishment that should be abolished. Nagaenthran K. Dharmalingam had been arrested in 2009 at the age of 21 for carrying drugs and diagnosed by a qualified Singapore-based psychiatrist with a borderline intellectual disability, but was still sentenced to death in Singapore.