Tag Archives: Malaysia

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/

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.

..

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)

Malaysia: Sedition charges against Surendran and activist Lawrence Jayaraj withdrawn

August 27, 2018

Image result for Lawyer N. Surendran

Lawyer N. Surendran and activist Lawrence Jayaraj Edwin John, who both faced sedition charges in connection with the Federal Court’s decision in Datuk Seri Anwar Ibrahim’s second sodomy charge, were acquitted and discharged of their charges by the Sessions Court here on Monday (Aug 27).

Judge Emelia Kaswati Mohamad Khalid freed Surendran, 52, of the charge after deputy public prosecutor Zaki Asyraf Zubir informed the court that the prosecution was withdrawing the charge against him.

“As such, the court acquits and discharges the accused of the charge,” said Emelia Kaswati when the case came up for management Monday.

Surendran, represented by lawyer Latheefa Koya, was charged with making seditious remarks relating to Anwar’s second sodomy case in a YouTube video at the Palace of Justice in Precinct 3, Putrajaya, between 2pm and 4pm on Aug 8, 2014.

https://www.thestar.com.my/news/nation/2018/08/27/sedition-charges-against-surendran-and-activist-lawrence-jayaraj-withdrawn/

https://www.malaymail.com/s/1666387/prosecution-withdraws-sedition-charge-against-surendran-activist-jayaraj

https://www.themalaysianinsight.com/s/91070

http://www.theborneopost.com/2018/08/28/prosecution-withdraws-sedition-charges/

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

Malaysia: Human rights lawyer, PSM leader freed of sedition charges

August 15, 2018

Eric Paulsen and S Arutchelvan were acquitted of allegedly criticising Jakim and the judiciary.

Human rights lawyer Eric Paulsen and Parti Sosialis Malaysia (PSM) leader S Arutchelvan were today freed from the sedition charges made against them in 2015.

Sessions Court judge Edwin Paramjothy ordered their acquittal after deputy public prosecutor Norinna Bahadun told the court that the prosecution did not wish to continue the cases against them.

Paulsen claimed trial at the Sessions Court in February 2015 to a charge of criticising the Malaysian Islamic Development Department (Jakim) on his Twitter account.

Arutchelvan meanwhile was charged with sedition in November that year for allegedly criticising the judiciary over the Sodomy 2 judgment.

Speaking to reporters after the acquittal, Paulsen said there was no need for a colonial law on sedition in this age.

http://www.freemalaysiatoday.com/category/nation/2018/08/15/human-rights-lawyer-psm-leader-freed-of-sedition-charges/

https://www.malaymail.com/s/1662642/prosecution-drops-sedition-cases-against-psms-arul-lawyer-eric-paulsen

https://www.themalaysianinsight.com/s/88061

https://www.thestar.com.my/news/nation/2018/08/16/lawyer-paulsen-and-psms-arutchelvan-freed-of-sedition/

https://www.malaymail.com/s/1662599/twice-acquitted-balloon-girl-free-at-last-as-prosecution-drops-case

https://www.malaysiakini.com/news/439076

https://www.lrwc.org/malaysia-charges-against-eric-paulsen-and-arutchelvan-dropped-news/

Malaysia: Siti Kasim’s arrest a black mark on Malaysia Baru

June 29, 2018

Image result for Siti Kasim

Few people have the social conscience of Siti Kasim. When she helps you, she literally opens the doors to her home for you, even gives you her spare mobile phone and her own money.

In another case, she actually put her life on the line by protecting the Orang Asal of Gua Musang against the PAS state government.

She is a modern-day hero and the nation is blessed to have her. This is why I say what happened to Siti and her client, Anis Nur Izzaty Ruslan, last week is a terrible travesty of justice.

Some months before, Anis had reached out to Siti over fears of a “domineering” mother. Subsequently she moved out and found a job.

In the meantime, the mother lodged several police reports about Anis’ mental state and told the Selangor Islamic Religious Department (Jais) her concerns about her daughter’s faith.

It is not acceptable how one can simply invoke the authority of the religious department and have them intervene!

It would have been bad enough if it was an accurate complaint. Who has the right to measure deviance? Even scholars from the official Sunni school have accused each other of deviance, that too on trivial matters.

What right have they to investigate anyone’s faith or lack of?

Can Malaysia Baru accept this flagrant transgression of human rights? Despite the tweets to him, the prime minister has been conspicuously silent.

https://www.malaymail.com/s/1646724/siti-kasims-arrest-a-black-mark-on-malaysia-baru

http://www.freemalaysiatoday.com/category/nation/2018/06/28/lawyer-set-up-oversight-commission-now-to-check-police-abuse/

https://cilisos.my/there-is-a-religious-rehabilitation-centre-in-ulu-yam-what-happens-inside/

https://www.thestar.com.my/opinion/columnists/on-the-beat/2018/07/01/different-strokes-in-a-world-fixated-with-stereotypes-siti-kasim-smashes-the-mould-of-convention-and/