Media 2023

‘No evidence ex-pathologist masterminded Morais’ murder’

Malaysiakini | The High Court ruled in 2020 that the prosecution succeeded in proving that the six men had committed murder per section 300 of the Penal Code. They were charged under section 302 which, at the time, carried the mandatory death penalty. Lawyer Amer Hamzah Arshad submitted that his client merely led the authorities to the barrel containing Kevin Morais’ remains.

Shafee fails to secure Bar slot as activists win

Free Malaysia Today | A group of younger activist lawyers took most of the top 16 places in the Bar Council election. Fahri Azzat, who represents women’s rights group Sisters in Islam, came in top place with 2,449 votes. Anand Raj, the current Bar secretary, came in second with 2,413 votes, while human rights lawyer New Sin Yew finished third with 2,301 votes.

Joint trial for Wan Saiful’s money laundering, corruption cases

Free Malaysia Today | The prosecution succeeded in its application to jointly try the money laundering and corruption trials that former Bersatu information chief Wan Saiful Wan Jan faces in connection with the Jana Wibawa programme. Wan Saiful’s lawyer Amer Hamzah Arshad did not object to the request.

Govt tables updated Smoking Control Bill, GEG sections removed

Malaysiakini | The government dropped provisions related to the tobacco and vape ban based on age from the revised bill on smoking products. The AG opined that the provisions violated Article 8 of the Federal Constitution which guaranteed equality, but lawyer New Sin Yew previously argued that Article 8 permits discrimination if the discrimination was in pursuit of a “legitimate objective”.

Lawyers: Govt can go ahead with the Bill

The Star | Human rights lawyer New Sin Yew said the government could seek a second opinion if it is unsatisfied with the AG’s advice that the GEG provision in the Control of Smoking Products for Public Health Bill 2023 is unconstitutional. The government could also advise the YDPA to refer the question to the Federal Court. Prohibitions on harmful substances are found all over the world.

CJ warns lawyers against incendiary comments in Kelantan shariah law dispute

The Edge Malaysia | CJ Tun Tengku Maimun Tuan Mat reminded lawyers to refrain from making comments that would distort events — the hearing was not about undermining the shariah courts, but simply about the competency of the Kelantan Legislative Assembly to enact impugned provisions. The Malaysian Bar, represented by Edmund Bon, and Sisters in Islam’s counsel Fahri Azzat, supported the petition.

Mahkamah Persekutuan tangguh keputusan cabaran enakmen syariah Kelantan

Free Malaysia Today | Peguam Malik Imtiaz berhujah, dua set hukuman – mengikut undang-undang persekutuan dan enakmen syariah Kelantan – terhadap orang Islam bersifat “diskriminatif”. Orang Islam didakwa di bawah enakmen itu tidak dapat memanggil saksi bukan Islam bagi membantu pembelaan. Badan Peguam dan Sisters in Islam menyokong pempetisyen dan diwakili Edmund Bon dan Fahri Azzat.

Apex court reserves judgment on shariah enactment challenge

Free Malaysia Today | Two women wants the Federal Court to declare 18 provisions contained in the Kelantan Syariah Criminal Code (I) Enactment 2019 as null and void. Lawyers Edmund Bon and Fahri Azzat, appearing for the Malaysian Bar and SIS, told the court they supported this petition because the state assembly has no power to enact the 18 provisions. The Federal Court reserved its ruling.

Constitutional smokescreen preventing GEG?

BFM | New Sin Yew explained whether legal arguments, based on the Federal Constitution, regarding the Control of Smoking Products for Public Health Bill 2023 are considered absolute.

KJ accuses two ministers and ‘the gaffer’ of blocking GEG bill

Malaysiakini | The cabinet had allegedly decided to drop provisions related to the tobacco and vape ban based on age from the Control of Smoking Products for Public Health Bill 2023, citing Article 8 of the Federal Constitution on equality. Lawyer New Sin Yew discrimination is permitted if there is an “intelligible differentia” and if the discrimination was in pursuit of a “legitimate objective”.

The extradition and death sentence conundrum

BFM | Does Sirul Azhar Umar, convicted for the murder of Mongolian Altantuya Shaariibuu, still face the death penalty in Malaysia? Edmund Bon shared his insights on the matter.

Trio convicted of murder get reprieve as court reduces charge

Free Malaysia Today | Three friends were spared the death sentence after the Court of Appeal reduced their charges from murder to culpable homicide, stating that the High Court failed to delve deeply into the provisions under section 299 of the Penal Code. Amer Hamzah Arshad represented two of the three accused, with lawyer Rajpal Singh.

Wan Saiful claims trial to 18 counts of money laundering

The Edge Malaysia | Former Bersatu information chief Wan Saifuldin Wan Jan claimed trial to 18 counts of money laundering amounting to RM5.594 million, in relation to graft allegedly received and charged last February at another Sessions Court. He claimed trial to all charges and was represented by Datuk K. Kumaraendran, Amer Hamzah Arshad, and Chethan Jethwani.

Prosecution objects to Muhyiddin’s request for unconditional release of passport, court to hear application on Nov 23

The Edge Malaysia | Former PM Muhyiddin Yassin applied to the KL High Court for an unconditional release of his passport for a London holiday and Singapore medical check-up. Lawyers Datuk K. Kumaraendran, Amer Hamzah Arshad, and Chetan Jethwani represented Muhyiddin. He is waiting on an application to strike out three money laundering charges against him linked to the Jana Wibawa project.

Former GIIB directors freed from MACC charges

New Straits Times | The court accepted a motion to quash four charges under section 18 of the MACC 2009 Act against two of GIIB Holdings Bhd’s former directors, stating that the charges were related to allegations made by a former director of finance who was dismissed for misconduct. They were represented by lawyers Kee Shu Min and Amer Hamzah Arshad.

Court acquits 2 ex-GIIB executives for issuing fake documents

Free Malaysia Today | Lawyer Amer Hamzah Arshad said the High Court judge allowed a motion to acquit the rubber compound manufacturer’s former executive director and its former CEO. They were charged with intending to deceive audit firm Grant Thornton Malaysia PLT through the issuance of fake documents. The duo argued that the documents were not intended for the firm and hence cannot be meant to deceive.

Two top officials of GIIB acquitted of charges of furnishing fake documents

The Edge | Two former top officials of GIIB Holdings Bhd were acquitted by the High Court of charge under sections 18 and 18(1)(c) of the MACC Act respectively, related to the furnishing of fake documents. Lawyers Amer Hamzah Arshad and Kee Shu Min had argued that the duties and responsibilities of an auditor under the Companies Act 2016 do not constitute an interest under section 18 of the MACC Act.

Appellate court bans gay book again after govt appeal

The Edge Malaysia | The Court of Appeal reimposed a ban on a 2013 publication following a majority 2-1 decision. While the majority judges said the minister has the right to impose the ban based on possible adverse effects, the dissenting judge found the ban unlikely to cause prejudice to public order. Counsel Edmund Bon Tai Soon and Michael Cheah appeared for the author and publisher.

Court of Appeal restores ban on ‘Gay is OK!’ book

The Vibes | In a split 2-1 decision, a three-member bench at the Court of Appeal allowed the government’s appeal against the High Court’s decision last year. Lawyer Edmund Bon said he would seek instructions on whether to file an appeal to the Federal Court. Michael Cheah also represented the book publisher and author.

‘No evidence ex-pathologist masterminded Morais’ murder’

Malaysiakini | The High Court ruled in 2020 that the prosecution succeeded in proving that the six men had committed murder per section 300 of the Penal Code. They were charged under section 302 which, at the time, carried the mandatory death penalty. Lawyer Amer Hamzah Arshad submitted that his client merely led the authorities to the barrel containing Kevin Morais’ remains.

Shafee fails to secure Bar slot as activists win

Free Malaysia Today | A group of younger activist lawyers took most of the top 16 places in the Bar Council election. Fahri Azzat, who represents women’s rights group Sisters in Islam, came in top place with 2,449 votes. Anand Raj, the current Bar secretary, came in second with 2,413 votes, while human rights lawyer New Sin Yew finished third with 2,301 votes.

Joint trial for Wan Saiful’s money laundering, corruption cases

Free Malaysia Today | The prosecution succeeded in its application to jointly try the money laundering and corruption trials that former Bersatu information chief Wan Saiful Wan Jan faces in connection with the Jana Wibawa programme. Wan Saiful’s lawyer Amer Hamzah Arshad did not object to the request.

Govt tables updated Smoking Control Bill, GEG sections removed

Malaysiakini | The government dropped provisions related to the tobacco and vape ban based on age from the revised bill on smoking products. The AG opined that the provisions violated Article 8 of the Federal Constitution which guaranteed equality, but lawyer New Sin Yew previously argued that Article 8 permits discrimination if the discrimination was in pursuit of a “legitimate objective”.

Lawyers: Govt can go ahead with the Bill

The Star | Human rights lawyer New Sin Yew said the government could seek a second opinion if it is unsatisfied with the AG’s advice that the GEG provision in the Control of Smoking Products for Public Health Bill 2023 is unconstitutional. The government could also advise the YDPA to refer the question to the Federal Court. Prohibitions on harmful substances are found all over the world.

CJ warns lawyers against incendiary comments in Kelantan shariah law dispute

The Edge Malaysia | CJ Tun Tengku Maimun Tuan Mat reminded lawyers to refrain from making comments that would distort events — the hearing was not about undermining the shariah courts, but simply about the competency of the Kelantan Legislative Assembly to enact impugned provisions. The Malaysian Bar, represented by Edmund Bon, and Sisters in Islam’s counsel Fahri Azzat, supported the petition.

Mahkamah Persekutuan tangguh keputusan cabaran enakmen syariah Kelantan

Free Malaysia Today | Peguam Malik Imtiaz berhujah, dua set hukuman – mengikut undang-undang persekutuan dan enakmen syariah Kelantan – terhadap orang Islam bersifat “diskriminatif”. Orang Islam didakwa di bawah enakmen itu tidak dapat memanggil saksi bukan Islam bagi membantu pembelaan. Badan Peguam dan Sisters in Islam menyokong pempetisyen dan diwakili Edmund Bon dan Fahri Azzat.

Apex court reserves judgment on shariah enactment challenge

Free Malaysia Today | Two women wants the Federal Court to declare 18 provisions contained in the Kelantan Syariah Criminal Code (I) Enactment 2019 as null and void. Lawyers Edmund Bon and Fahri Azzat, appearing for the Malaysian Bar and SIS, told the court they supported this petition because the state assembly has no power to enact the 18 provisions. The Federal Court reserved its ruling.

Constitutional smokescreen preventing GEG?

BFM | New Sin Yew explained whether legal arguments, based on the Federal Constitution, regarding the Control of Smoking Products for Public Health Bill 2023 are considered absolute.

KJ accuses two ministers and ‘the gaffer’ of blocking GEG bill

Malaysiakini | The cabinet had allegedly decided to drop provisions related to the tobacco and vape ban based on age from the Control of Smoking Products for Public Health Bill 2023, citing Article 8 of the Federal Constitution on equality. Lawyer New Sin Yew discrimination is permitted if there is an “intelligible differentia” and if the discrimination was in pursuit of a “legitimate objective”.

The extradition and death sentence conundrum

BFM | Does Sirul Azhar Umar, convicted for the murder of Mongolian Altantuya Shaariibuu, still face the death penalty in Malaysia? Edmund Bon shared his insights on the matter.

Trio convicted of murder get reprieve as court reduces charge

Free Malaysia Today | Three friends were spared the death sentence after the Court of Appeal reduced their charges from murder to culpable homicide, stating that the High Court failed to delve deeply into the provisions under section 299 of the Penal Code. Amer Hamzah Arshad represented two of the three accused, with lawyer Rajpal Singh.

Wan Saiful claims trial to 18 counts of money laundering

The Edge Malaysia | Former Bersatu information chief Wan Saifuldin Wan Jan claimed trial to 18 counts of money laundering amounting to RM5.594 million, in relation to graft allegedly received and charged last February at another Sessions Court. He claimed trial to all charges and was represented by Datuk K. Kumaraendran, Amer Hamzah Arshad, and Chethan Jethwani.

Prosecution objects to Muhyiddin’s request for unconditional release of passport, court to hear application on Nov 23

The Edge Malaysia | Former PM Muhyiddin Yassin applied to the KL High Court for an unconditional release of his passport for a London holiday and Singapore medical check-up. Lawyers Datuk K. Kumaraendran, Amer Hamzah Arshad, and Chetan Jethwani represented Muhyiddin. He is waiting on an application to strike out three money laundering charges against him linked to the Jana Wibawa project.

Former GIIB directors freed from MACC charges

New Straits Times | The court accepted a motion to quash four charges under section 18 of the MACC 2009 Act against two of GIIB Holdings Bhd’s former directors, stating that the charges were related to allegations made by a former director of finance who was dismissed for misconduct. They were represented by lawyers Kee Shu Min and Amer Hamzah Arshad.

Court acquits 2 ex-GIIB executives for issuing fake documents

Free Malaysia Today | Lawyer Amer Hamzah Arshad said the High Court judge allowed a motion to acquit the rubber compound manufacturer’s former executive director and its former CEO. They were charged with intending to deceive audit firm Grant Thornton Malaysia PLT through the issuance of fake documents. The duo argued that the documents were not intended for the firm and hence cannot be meant to deceive.

Two top officials of GIIB acquitted of charges of furnishing fake documents

The Edge | Two former top officials of GIIB Holdings Bhd were acquitted by the High Court of charge under sections 18 and 18(1)(c) of the MACC Act respectively, related to the furnishing of fake documents. Lawyers Amer Hamzah Arshad and Kee Shu Min had argued that the duties and responsibilities of an auditor under the Companies Act 2016 do not constitute an interest under section 18 of the MACC Act.

Appellate court bans gay book again after govt appeal

The Edge Malaysia | The Court of Appeal reimposed a ban on a 2013 publication following a majority 2-1 decision. While the majority judges said the minister has the right to impose the ban based on possible adverse effects, the dissenting judge found the ban unlikely to cause prejudice to public order. Counsel Edmund Bon Tai Soon and Michael Cheah appeared for the author and publisher.

Court of Appeal restores ban on ‘Gay is OK!’ book

The Vibes | In a split 2-1 decision, a three-member bench at the Court of Appeal allowed the government’s appeal against the High Court’s decision last year. Lawyer Edmund Bon said he would seek instructions on whether to file an appeal to the Federal Court. Michael Cheah also represented the book publisher and author.