Tag Archives: Malaysia

Singapore/Malaysia: Withdraw ‘unacceptable threat’ to Surendran, S’pore told

July 16, 2019

Lawyers For Liberty has reacted sharply to what it calls “threats made by the Singapore authorities against lawyer N Surendran.”

This comes after the Singapore Attorney-General’s Chambers sent a letter to its High Court saying that Surendran had made “scandalous allegations against Singapore and its legal system, including accusing Singapore of acting in total disregard of international legal norms and decent world opinion.”

“Coming from the attorney-general’s office in a formal note to the High Court, this amounts to a serious threat against Surendran,” LFL director Melissa Sasidaran said in a statement.

“Singapore is notorious for bringing contempt of court or criminal defamation charges against its critics. British author Alan Shadrake was similarly prosecuted and jailed in 2011 for making remarks on the death penalty in Singapore.”

https://www.malaysiakini.com/news/483934

https://www.malaymail.com/news/malaysia/2019/07/16/lfl-alleges-singapore-threat-against-lawyer-for-malaysians-on-death-row/1771776

Group accuses Singapore AG of meddling ahead of clemency plea for Malaysian on death row

https://www.themalaysianinsight.com/s/168595

Singapore denies targeting Malaysians for capital punishment

Lawyers For Liberty push for moratorium on Malaysian death row prisoners in Singapore, urge for “thorough” review on clemency rejections

https://www.officeparrots.com/single-post/2016/07/08/7-Malaysian-Human-Rights-Lawyers-You-Should-Know

https://en.wikipedia.org/wiki/N._Surendran

HOME

https://www.freemalaysiatoday.com/category/bahasa/2019/07/16/peguam-dakwa-ag-singapura-campur-tangan-usaha-tahanan-hukuman-mati-mohon-rayuan/ (MALAY)

https://www.sinarharian.com.my/article/38024/BERITA/Nasional/Singapura-digesa-tarik-balik-tuduhan-terhadap-Surendran (MALAY)

Malaysia: Siti Kasim: Am I going to disappear like Pastor Koh or Amri Che Mat?

February 8, 2019

a woman smiling for the camera

Activist lawyer Siti Kasim (pic) has questioned why there are moves to charge her under Section 509 of the Penal Code, when others have been “let off” for similar offences.

The charge purportedly has to do with a two-year-old incident here Siti “randomly” showed her middle finger to those who were heckling and shouting at her.

According to Siti, an inspector called her about purported instructions to immediately charge her under the law pertaining to a word or gesture intended to insult the modesty of a person.

She claimed that she “knows the charge of criminal investigations (OCCI) Selangor” has been trying to put her behind bars.

She voiced her belief that said person orchestrated the raid on her house with the “ridiculous mind-blowing kidnapping charge”.

“If not because of the unplanned video that went viral, I would be facing a charge for a capital offence. Kidnapping carries the death penalty!

“How (do) I know this, you may ask … I have evidence of it, of course,” she claimed in a press statement on Thursday (Feb 7).

Siti said she would ensure that anyone who is abusing their powers will get their just punishment.

https://www.msn.com/en-my/news/national/siti-kasim-am-i-going-to-disappear-like-pastor-koh-or-amri-che-mat/ar-BBTjBRx

https://www.thesundaily.my/style-life/the-softer-side-of-siti-kasim-KC859914

https://www.bloomberg.com/news/articles/2019-05-09/malaysians-turn-away-from-mahathir-after-year-of-failed-promises

Malaysia: ‘March to Palace of Justice’ – lawyers see red over Arun’s prison sentence

April 23, 2019

The Federal Court’s decision to impose a prison sentence on lawyer Arun Kasi for contempt has courted flak from legal eagles.

Among them was former law minister Zaid Ibrahim, who suggested that the Malaysian Bar organise a march to the Palace of Justice in Putrajaya.

“Don’t let Arun suffer alone. This is the beginning of New Malaysia that we must oppose,” he tweeted.

Eric Paulsen, the country representative to the Asean Intergovernmental Commission on Human Rights, said the sentence was unnecessary and would not promote public confidence.

“Justice is not a cloistered virtue, and everyone must be allowed to be critical, rightly, wrongly, even being rude or outspoken regarding the judiciary,” he added.

‘Freedom of speech at stake’

According to Paulsen, the offence of scandalising the judiciary is archaic, and should be abolished.

“Respect for the judiciary cannot be enhanced through contempt proceedings, i.e., the courts themselves assessing whether allegations of impropriety against the judiciary are justified.

“What is at stake is freedom of speech. It is our right to speak out on matters of public interest and judges and their judgments should not be shielded from criticisms,” he tweeted.

Lawyers for Liberty (LFL) advisor N Surendran said a fine would have been sufficient in Arun’s (above) case.

“Imprisonment for contempt should be imposed only in the most serious cases. More so, since there is no right of appeal from the sentence,” he tweeted.

‘Excessive sentence’

Expressing a similar sentiment, civil rights lawyer Syahredzan Johan deemed the custodial sentence “unnecessary”.

“The custodial sentence on Arun for contempt is unnecessary. A 30-day custodial sentence is excessive. A fine would have been sufficient,” tweeted the lawyer, who is also political secretary to DAP lawmaker Lim Kit Siang.

https://www.malaysiakini.com/news/473407

https://www.thestar.com.my/news/nation/2019/04/23/lawyer-arun-kasi-gets-30-days-jail-rm40000-fine-for-contempt-of-court/

https://www.themalaysianinsight.com/s/149793

https://www.malaysiakini.com/news/473354

https://www.malaysiakini.com/news/473413 (MALAYSIAN)

Malaysia: Muslim lawyers want observer status in Arun Kasi contempt case

March 25, 2019

The Muslim Lawyers’ Association has applied for a watching brief in contempt proceedings against lawyer Arunachalam Kasi, better known as Arun Kasi, who wrote two articles critical of a court judgement in February.

MLA president Zainul Rijal Abu Bakar said the committal proceedings brought by Attorney-General Tommy Thomas provided cause for concern, as the outcome of the case would have a wide ramification on the legal profession.

He said a lawyer must be allowed to act without fear or favour in conducting a case. “A lawyer cannot be above the law but he can express his views even it means supporting or criticising court judgments,” he said.

The Bar Council has also appointed lawyer Robert Lazar to observe the proceedings and to make submissions if invited by the court.

The Federal Court will hear the charge against Arun on March 28

Arun Kasi had written two articles about an affidavit of Court of Appeal Judge, Abdul Hamid Abu Backer which described alleged judicial misconduct.

The articles, published at the Aliran website, were under the headlines “How a dissenting judgment sparked a major judicial crisis” on Feb 16 and “Tommy Thomas must look into arbitration centre that sparked judicial crisis” on Feb 22.

https://www.freemalaysiatoday.com/category/nation/2019/03/25/muslim-lawyers-want-observer-status-in-arun-kasi-contempt-case/

https://www.thestar.com.my/news/nation/2019/02/27/contempt-proceedings-against-lawyer-arun-kasi-over-hamid-affidavit-articles-in-aliran/

https://www.malaysiakini.com/news/469979

https://www.freemalaysiatoday.com/category/nation/2019/03/28/ag-lawyer-insinuated-judges-were-corrupt-in-his-articles/

Malaysia/Singapore: Singaporean human rights lawyer seeks UN intervention against contempt charges levied upon Malaysian lawyer Arun Kasi

March 5, 2019

The recent news of Arun Kasi, a Malaysian lawyer facing contempt charges for allegedly scandalising the judiciary in relation to 2 articles he wrote on Aliran- a news  website covering issues of social importance, should come as a jolt at the heart of civil society.

The 2 articles- titled ‘How a dissenting judgment sparked a major judicial crisis’ and ‘Tommy Thomas must look into arbitration centre that sparked judicial crisis’ prompted Tommy Thomas, the Attorney General of Malaysia to institute committal proceedings in the Federal Court of Malaysia against Arun on 27th February 2019. Leave was granted by the Federal Court and the substantive hearing has been fixed for 13th March 2019 on an urgent basis.

In my view, the AG ought to reconsider his view to initiate contempt proceedings against Arun for the following reasons:

  1. The Proceedings represent an incursion into the independence of the Bar and impedes professional advocacy

Arun’s articles were written in the context of an expunction order made by the Federal Court, by which various constitutional observations made by a Court of Appeal judge in relation to an institution playing a role in administration of justice and also a direction made by the judge to the anti-corruption commission to investigate the matter were expunged. This case raises issues of serious public interest and importance, and the proceedings initiated against Arun for bringing these issues to the attention of the public seriously threatens the independence of the Bar and impedes professional advocacy.

Further, the UN Basic Principles on the Roles of Lawyers (“UNBRPL”) contains several provisions that explicitly deal with the independence of lawyers. Principle 16 of the UNBRPL sets out that the Government must: ensure that lawyers (a) are able to perform all of their duties without intimidation, hindrance, harassment or improper interference… (c) shall not suffer, or be threatened with prosecution or administrative, economic or other sanctions for any action taken in accordance with recognised professional duties, standards and ethics. Principle 23 grants lawyers the right to take part in public discussion on matters of the law, the administration of justice and the promotion and protection of human rights.

https://www.theonlinecitizen.com/2019/03/05/singaporean-human-rights-lawyer-seeks-un-intervention-against-contempt-charges-levied-against-malaysian-lawyer-arun-kasi/

https://www.malaysiakini.com/news/466681

https://www.freemalaysiatoday.com/category/nation/2019/03/02/bar-to-take-stand-on-2-lawyers-facing-contempt-charges/

https://www.malaymail.com/news/malaysia/2019/03/13/apex-court-dismisses-arun-kasis-bid-to-stop-contempt-proceedings/1732276

https://www.freemalaysiatoday.com/category/nation/2019/03/08/arun-kasi-challenging-ags-move-to-frame-contempt-of-court-case/

https://www.thestar.com.my/news/nation/2019/02/27/contempt-proceedings-against-lawyer-arun-kasi-over-hamid-affidavit-articles-in-aliran/

Malaysia: Shafee’s son pays other half of bail

September 19, 2018

All paid: Muhammad Farhan at the court complex to settle his father’s bail.

Lawyer Tan Sri Muhammad Shafee Abdullah, who has been hit with money laundering charges, has posted the remaining RM500,000 of his RM1mil bail.

His son Muhammad Farhan arrived at the court complex here at 11.50am yesterday with his two bailors for the bail procedure.

The three men then went down to the bail counter at the basement. They left the court complex at 1.30pm.

Muhammad Shafee, 66, was absent.

Attempts to reach Muhammad Farhan for comments were unsuccessful as he rushed from the counter and did not stop to take questions.

On Sept 13, Muhammad Shafee claimed trial in the Sessions Court here to four charges of money laundering involving RM9.5mil that he received from former prime minister Datuk Seri Najib Tun Razak.

The 66-year-old is accused of receiving proceeds of unlawful activity totalling RM4.3mil on Sept 13, 2013, and RM5.2mil on Feb 17, 2014, through two AmIslamic Bank Bhd cheques issued by the former prime minister. The cheques were remitted into Muhammad Shafee’s CIMB Bank account.

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https://www.thestar.com.my/news/nation/2018/09/19/shafees-son-pays-other-half-of-bail-balance-of-lawyers-rm1mil-security-settled/

https://themalaysianreserve.com/2018/09/19/lawyer-muhammad-shafee-settles-remaining-rm500000-bail/

https://www.thestar.com.my/news/nation/2018/09/18/shafee-pays-remaining-rm500-000-of-his-rm1mil-bail/

http://www.theedgemarkets.com/article/lawyer-muhammad-shafee-settles-remaining-bail-payment-rm500000

https://www.malaysiakini.com/news/443768 (MALAY)

https://tirto.id/lakukan-pencucian-uang-najib-razak-ditangkap-kpk-malaysia-cZZs (MALAY)

Malaysia: Ex-PM’s lawyer arrested, charges expected

September 13, 2018

Lawyer Tan Sri Shafee Abdullah arrives at the Kuala Lumpur Courts Complex after being arrested by authorities on September 13, 2018. — Picture by Azneal Ishak

A senior Malaysian lawyer representing a former prime minister has been detained by authorities and is set to be charged with money laundering today.

According to sources, the person will be brought to the Kuala Lumpur Courts Complex this morning where he will be prosecuted under the Anti-Money Laundering and Anti-Terrorism Financing Act (AMLA) 2001.

The charges are believed to stem from a payment the lawyer alleged received from the former PM.

Several media outlets have since identified the lawyer as Tan Sri Shafee Abdullah.

Shafee is leading the defence team of former prime minister Datuk Seri Najib Razak, who is charged with money laundering, abuse and criminal breach of trust stemming from RM42 million transferred to his accounts from a former 1MDB subsidiary.

The private lawyer had been appointed by fiat to lead the prosecution of Datuk Seri Anwar Ibrahim’s second sodomy trial, which resulted in the latter’s conviction and five-year prison sentence.

https://www.malaymail.com/s/1672004/ex-pms-lawyer-arrested-charges-expected

https://www.nst.com.my/news/nation/2018/09/410875/shafee-charged-money-laundering-tax-evasion

https://sg.news.yahoo.com/shafee-abdullah-formidable-lawyer-now-080747341.html

https://www.thestar.com.my/news/nation/2018/09/14/four-charges-against-shafee-lawyer-accused-of-money-laundering-to-the-tune-of-rm95mil/

https://www.thestar.com.my/news/nation/2018/09/14/clash-of-legal-titans-round-two/

http://www.sinarharian.com.my/nasional/shafee-mahu-jadi-peguam-negara-tun-m-1.879929 (MALAY)

https://ms.wikipedia.org/wiki/Muhammad_Shafee_Abdullah (MALAY)