Two Aker Engineering officials acquitted as High Court rules charges defective

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.

Court defers delivering verdict on Repco Low’s appeal

The Edge Markets | The High Court deferred delivering its verdict regarding the market manipulation of Repco shares in 1997. Judicial Commissioner Datuk Azhar Abdul Hamid wanted the defence, led by lawyers Tan Sri Muhammad Shafee Abdullah and New Sin Yew, to put in their written submissions on the sentencing before he delivers the decision.

Court of Appeal substitutes death sentence for 7 with jail term

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.

Rights groups urge govt to halt deportation of 114 Myanmar refugees

Free Malaysia Today | Amnesty International Malaysia and Asylum Access Malaysia appealed to the government to reconsider its plans to deport Myanmar refugees back to a violent and dangerous situation. Lawyers Lim Wei Jiet and New Sin Yew said they had been instructed by their clients to apply to the Court of Appeal for a stay on the deportation.

Environment and labor: A guide to respecting human rights

Friedrich Naumann Foundation for Freedom | “I spoke to clients, including operations managers and sustainability officers. Many of them felt that they wanted to comply with business and human rights commitments, but did not know how to,” said Edmund Bon. In 2020, he had the idea to put together a “GuideKit for SMEs on Human Rights Compliance” and asked experts to contribute.

Abdul Azeez a free man after graft charges dropped

The Star | Acquitted of three charges of corruption and six charges of money laundering in connection with road projects in Perak and Kedah, Abdul Azeez Abdul Rahim was freed after the High Court allowed a notice of motion filed by lawyer Amer Hamzah Arshad, seeking the immediate release of his client.

Ex-Baling MP gets full acquittal in graft, money laundering case

Free Malaysia Today | Lawyer Amer Hamzah Arshad told the court the investigation against former Tabung Haji Chairman Abdul Azeez had been completed and assets seized had been returned. “It is only fair for an order of acquittal and discharge be given to my client,” he said. With today’s court order, the prosecution cannot charge Abdul Azeez again based on the same facts.

Ex-Baling MP Abdul Azeez freed on corruption, money laundering charges

The Star | Former Baling MP Abdul Azeez was acquitted of three charges of corruption and six charges of money laundering in connection with road projects in Perak and Kedah. High Court judicial commissioner Azhar Abdul Hamid allowed a notice of motion filed by lawyer Amer Hamzah Arshad and ordered for Abdul Azeez to be freed since there was no objection from the prosecution.

Pinda Artikel 145 langkah utama asing kuasa Peguam Negara, Pendakwa Raya

Berita Harian | Pengamal undang-undang Amer Hamzah Arshad berkata, menurut Artikel 145(2), peranan Peguam Negara ialah menasihati YDPA, Kabinet atau menteri, manakala Artikel 145(3) menyatakan Peguam Negara mempunyai kuasa untuk mendakwa kes-kes jenayah bagi pihak awam, sebagai Pendakwa Raya yang perlu bertindak secara bebas dan tanpa tekanan daripada mana-mana pihak. Perkara itu kritikal apabila wujud kes jenayah dan pendakwaan yang membabitkan ahli badan eksekutif.

Freedom of speech shields PN man’s ‘kerajaan zina’ comment, say lawyers

Free Malaysia Today | Padang Serai election candidate Azman Nasrudin’s likened the unity government to a promiscuous relationship, but lawyers Fahri Azzat and Jacqueline Albert believed he did not commit a crime. Jacqueline acknowledged that Azman’s remarks may be unpleasant but his actions were lawful as he did not threaten national security or incite violence or hate.

Malaysian Bar sues police, govt for wrongful detention

The Star | The writ of summons was filed through Messrs AmerBON on Oct 20, naming ACP Noor Dellhan Yahaya (in his capacity as Dang Wangi OCPD), DSP Nuzulan Mohd Din (in his capacity as Dang Wangi CID chief), the police, Inspector-General of Police, Home Minister and government of Malaysia as the first, second, third, fourth, fifth and sixth defendants, respectively.

Bar seeks compensation from cops for barring march to Parliament

Malaysiakini | The plaintiffs contended the defendants violated their fundamental right to personal liberty, equality before the law, freedom of movement, and freedom of assembly, as enshrined under Articles 5, 8, 9, and 10 of the Federal Constitution, when the police prevented them from marching during the Walk for Judicial Independence. The writ of summons was filed by AmerBON in the KL High Court.

Malaysian coalitions start maneuvering after hung Parliament

The Japan Times | As the coalitions turn to horse-trading to form an alliance after the elections led to a hung Parliament, Malaysia’s king will play a key role. Constitutional lawyer New Sin Yew said the King may determine which leader he believes commands a majority in Parliament, though this would not be tested publicly until Parliament reconvenes.

KINIGUIDE | What happens if no one wins GE15?

Malaysiakini | Lawyers Haniff Khatri Abdulla, New Sin Yew, and Bersih chairperson Thomas Fann shared their views on this question. There are two options if no Prime Minister candidate is able to get majority support in Parliament. First, the candidate with the highest number of MPs supporting him could seek the King’s consent to form a minority government. Second, the King may call for another general election.

Aker Engineering senior deputy president applies to strike out charge under Companies Act

The Edge Markets | Lawyer Amer Hamzah Arshad is representing two employees of Aker Engineering Malaysia applying to quash charges against them that are deemed defective and with malicious intent. The MACC was said to have no jurisdiction to bring charges under the Companies Act against the first accused and have abused its power against the second.

Pegawai kanan Aker Engineering mohon batal pertuduhan

Utusan Malaysia | Peguam Amer Hamzah Arshad mewakili kedua-dua pemohon. Pemohon pertama didakwa mengelirukan Pendaftar Syarikat dengan mengemukakan pernyataan palsu mengikut seksyen 591(2)(a) Akta Syarikat 2016, manakala pemohon kedua didakwa menggunakan dokumen palsu sama sebagai dokumen sokongan, mengikut seksyen seksyen 471 Kanun Keseksaan.

Two Aker Engineering officials acquitted as High Court rules charges defective

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.

Court defers delivering verdict on Repco Low’s appeal

The Edge Markets | The High Court deferred delivering its verdict regarding the market manipulation of Repco shares in 1997. Judicial Commissioner Datuk Azhar Abdul Hamid wanted the defence, led by lawyers Tan Sri Muhammad Shafee Abdullah and New Sin Yew, to put in their written submissions on the sentencing before he delivers the decision.

Court of Appeal substitutes death sentence for 7 with jail term

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.

Rights groups urge govt to halt deportation of 114 Myanmar refugees

Free Malaysia Today | Amnesty International Malaysia and Asylum Access Malaysia appealed to the government to reconsider its plans to deport Myanmar refugees back to a violent and dangerous situation. Lawyers Lim Wei Jiet and New Sin Yew said they had been instructed by their clients to apply to the Court of Appeal for a stay on the deportation.

Environment and labor: A guide to respecting human rights

Friedrich Naumann Foundation for Freedom | “I spoke to clients, including operations managers and sustainability officers. Many of them felt that they wanted to comply with business and human rights commitments, but did not know how to,” said Edmund Bon. In 2020, he had the idea to put together a “GuideKit for SMEs on Human Rights Compliance” and asked experts to contribute.

Abdul Azeez a free man after graft charges dropped

The Star | Acquitted of three charges of corruption and six charges of money laundering in connection with road projects in Perak and Kedah, Abdul Azeez Abdul Rahim was freed after the High Court allowed a notice of motion filed by lawyer Amer Hamzah Arshad, seeking the immediate release of his client.

Ex-Baling MP gets full acquittal in graft, money laundering case

Free Malaysia Today | Lawyer Amer Hamzah Arshad told the court the investigation against former Tabung Haji Chairman Abdul Azeez had been completed and assets seized had been returned. “It is only fair for an order of acquittal and discharge be given to my client,” he said. With today’s court order, the prosecution cannot charge Abdul Azeez again based on the same facts.

Ex-Baling MP Abdul Azeez freed on corruption, money laundering charges

The Star | Former Baling MP Abdul Azeez was acquitted of three charges of corruption and six charges of money laundering in connection with road projects in Perak and Kedah. High Court judicial commissioner Azhar Abdul Hamid allowed a notice of motion filed by lawyer Amer Hamzah Arshad and ordered for Abdul Azeez to be freed since there was no objection from the prosecution.

Pinda Artikel 145 langkah utama asing kuasa Peguam Negara, Pendakwa Raya

Berita Harian | Pengamal undang-undang Amer Hamzah Arshad berkata, menurut Artikel 145(2), peranan Peguam Negara ialah menasihati YDPA, Kabinet atau menteri, manakala Artikel 145(3) menyatakan Peguam Negara mempunyai kuasa untuk mendakwa kes-kes jenayah bagi pihak awam, sebagai Pendakwa Raya yang perlu bertindak secara bebas dan tanpa tekanan daripada mana-mana pihak. Perkara itu kritikal apabila wujud kes jenayah dan pendakwaan yang membabitkan ahli badan eksekutif.

Freedom of speech shields PN man’s ‘kerajaan zina’ comment, say lawyers

Free Malaysia Today | Padang Serai election candidate Azman Nasrudin’s likened the unity government to a promiscuous relationship, but lawyers Fahri Azzat and Jacqueline Albert believed he did not commit a crime. Jacqueline acknowledged that Azman’s remarks may be unpleasant but his actions were lawful as he did not threaten national security or incite violence or hate.

Malaysian Bar sues police, govt for wrongful detention

The Star | The writ of summons was filed through Messrs AmerBON on Oct 20, naming ACP Noor Dellhan Yahaya (in his capacity as Dang Wangi OCPD), DSP Nuzulan Mohd Din (in his capacity as Dang Wangi CID chief), the police, Inspector-General of Police, Home Minister and government of Malaysia as the first, second, third, fourth, fifth and sixth defendants, respectively.

Bar seeks compensation from cops for barring march to Parliament

Malaysiakini | The plaintiffs contended the defendants violated their fundamental right to personal liberty, equality before the law, freedom of movement, and freedom of assembly, as enshrined under Articles 5, 8, 9, and 10 of the Federal Constitution, when the police prevented them from marching during the Walk for Judicial Independence. The writ of summons was filed by AmerBON in the KL High Court.

Malaysian coalitions start maneuvering after hung Parliament

The Japan Times | As the coalitions turn to horse-trading to form an alliance after the elections led to a hung Parliament, Malaysia’s king will play a key role. Constitutional lawyer New Sin Yew said the King may determine which leader he believes commands a majority in Parliament, though this would not be tested publicly until Parliament reconvenes.

KINIGUIDE | What happens if no one wins GE15?

Malaysiakini | Lawyers Haniff Khatri Abdulla, New Sin Yew, and Bersih chairperson Thomas Fann shared their views on this question. There are two options if no Prime Minister candidate is able to get majority support in Parliament. First, the candidate with the highest number of MPs supporting him could seek the King’s consent to form a minority government. Second, the King may call for another general election.

Aker Engineering senior deputy president applies to strike out charge under Companies Act

The Edge Markets | Lawyer Amer Hamzah Arshad is representing two employees of Aker Engineering Malaysia applying to quash charges against them that are deemed defective and with malicious intent. The MACC was said to have no jurisdiction to bring charges under the Companies Act against the first accused and have abused its power against the second.

Pegawai kanan Aker Engineering mohon batal pertuduhan

Utusan Malaysia | Peguam Amer Hamzah Arshad mewakili kedua-dua pemohon. Pemohon pertama didakwa mengelirukan Pendaftar Syarikat dengan mengemukakan pernyataan palsu mengikut seksyen 591(2)(a) Akta Syarikat 2016, manakala pemohon kedua didakwa menggunakan dokumen palsu sama sebagai dokumen sokongan, mengikut seksyen seksyen 471 Kanun Keseksaan.