Tag: court

  • Malaysian Muslim Lawyers Association: Shariah Offenders Should Be Placed In Special Prisons

    Malaysian Muslim Lawyers Association: Shariah Offenders Should Be Placed In Special Prisons

    KUALA LUMPUR, March 18 ― Muslims convicted of Shariah offences should be placed in exclusive prisons instead of with inmates from the criminal system, said the Malaysian Association for Muslim Lawyers.

    Its president, Datuk Zainul Rijal Abu Bakar, argued that Shariah offences were largely victimless crimes and should not be treated similarly as those from the Penal Code.

    “Most of these cases are behavioural in nature, it would be unfair for them to be placed in a civil prison with drug and rape offenders,” he was quoted as saying by the Berita Harian newspaper.

    “They should be placed in a special prison that provides education and explanation on Islam to ensure rehabilitation”

    He said this at a forum on efforts to increase punishments under the the Syariah Courts (Criminal Jurisdiction) Act 1965 yesterday.

    He also denied the proposal would lead to hudud, the Islamic penal law, and argued that the higher punishments were prevent jurisdiction shopping.

    “The criminals would definitely choose a court that gives a lesser sentence, hence where is the justice for the victims in the relevant cases,” Zainul said.

    It is not clear what he based this argument upon, as there are currently no overlaps between Shariah offences that are religious in nature and crimes under the Penal Code.

    However, such overlaps would exist if hudud is implemented in the country.

    Parliament is due to debate PAS president Datuk Seri Abdul Hadi Awang’s private Bill to enhance Shariah punishments.

    It proposes to allow Shariah courts to impose maximum penalties of up to 30 years’ jail, 100 strokes of the cane, and RM100,000 in fines.

    The limits now are three years’ jail, six strokes, and RM5,000.

     

    Source: www.themalaymailonline.com

  • Malaysia Seeking To Revise Judgment On Pedra Branca Citing New Facts, Singapore Forms Legal Team To Study Challenge

    Malaysia Seeking To Revise Judgment On Pedra Branca Citing New Facts, Singapore Forms Legal Team To Study Challenge

    Malaysia, citing “new facts” discovered in recently declassified British documents, has filed a challenge to the 2008 decision by the International Court of Justice (ICJ) that ruled Pedra Branca to be Singaporean territory.

    Singapore’s Ministry of Foreign Affairs said in response that the Republic is “studying Malaysia’s application and documentation closely”, and has formed a legal team to respond to Malaysia’s challenge.

    The Singapore legal team includes Attorney-General Lucien Wong, former Deputy Prime Minister S Jayakumar, Professor Tommy Koh and former Chief Justice Chan Sek Keong.

    Malaysian Attorney-General Mohamed Apandi Ali filed the application with the ICJ at The Hague on Thursday (Feb 2) over the sovereignty of Pedra Branca, which is located some 24 nautical miles to the east of Singapore. The Republic was alerted overnight through the formal channels of the High Commission and the International Court of Justice.

    “The application was made by Malaysia upon the discovery of some fact of such a nature as to be a decisive factor, which fact was, when the judgment was given, unknown to the Court and also to Malaysia as the party claiming revision,” Mr Apandi said in a statement on Friday.

    He added: “We are also confident that the requirements as stipulated under Article 61 of the Statute of the International Court of Justice have been met in that, inter alia, the application for revision is brought within six months of the discovery of the new fact, and within 10 years of the date of the Judgment.”

    It is early days yet in the court process, with the panel of judges to hear the case yet to be formed. Both sides will have a say in the appointment of the judges, and the number of judges on the panel is yet to be determined.

     

    The Malaysian statement did not disclose details of the “new facts”. TODAY understands that three new facts were submitted. In response to queries from TODAY, Mr Apandi would only say that these were “discovered after the British Government declassified the documents recently”. Asked to identify the specific documents, he said: “Not now…when Singapore is being notified, they will be served with the relevant papers.”

     

    Source: www.todayonline.com

     

  • Malaysia Court Upholds Jailing Of Opposition Leader Anwar Ibrahim

    Malaysia Court Upholds Jailing Of Opposition Leader Anwar Ibrahim

    Anwar Ibrahim, the former leader of the Malaysian opposition, has lost a final appeal to have his prison sentence for sodomy overturned and will serve out the remaining 16 months of his sentence in jail.

    Significantly the ruling means Anwar will not be allowed to contest the next election in 2018, which the opposition saw as their best chance to unseat prime minister Najib Razak and end his ruling party’s six decades in power.

    A five-member panel of judges ruled unanimously that there was no merit in Anwar’s application for a review of his 2014 conviction, his final legal option for an acquittal.

    “We will not proceed to examine the applicant’s review application,” the court said.

    Hundreds of demonstrators had gathered outside the Palace of Justice to show support for Anwar and police erected steel barricades around the court complex.

    Anwar was led into the dock by more than a dozen prison guards. His wife, daughters and grandchildren were present. After the ruling he told reporters: “It is not the end of the road.”

    Having led a coalition of opposition parties in 2013 to their largest ever electoral gains, Anwar, 69, is seen as the greatest threat to the ruling United Malays National Organisation (Umno).

    He served as deputy prime minister and finance minister in the 1990s for Umno under former leader Mahathir Mohamad but they fell out and he was removed from his post and jailed for several years amid outcry from human rights groups.

    In 2013 he returned to politics to run a campaign against corruption and nepotism against Najib that won the popular vote but lost the election by number of legislators elected. Its was Umno’s worst ever election performance.

    But Anwar returned to prison in 2015 after his longstanding conviction — for allegedly sodomising a former aide — was upheld. His supporters say the case is a politically motivated attempt to end his career.

    This summer Anwar rejoined his old enemy Mahathir to try to unseat Najib, who in 2015 was thrown into a multi-billion dollar corruption scandal involving the debt-laden state fund 1MDB. Najib denies taking any money for personal gain.

    The historic partnership between Anwar and Mahathir brought members of the opposition and Umno against Najib for the first time.

    However under Malaysian law a person is banned from political activities for five years after the end of their sentence, closing the possibility of Anwar leading any campaign as he did in 2013.

    The Free Anwar Now campaign released a statement ahead of the verdict saying the case had “been plagued with many anomalies and inconsistencies, questionable DNA evidence and tampering of critical evidence”.

    “Anwar Ibrahim, who turns 70 next year, is surely not a hardened criminal that deserves the harshness of a prison sentence. He endures physical discomfort and mental anguish daily.”

    Phil Robertson, deputy director of Human Rights Watch’s Asia division, said the decision was a “real tragedy for justice” in Malaysia.

    “More than anything this outcome shows that the Malaysian courts were no match for prime minister Najib Razak’s political vendetta against Anwar,” he said.

    “With this final decision running roughshod over Anwar’s rights and sending him back to prison, Najib and the ruling Umno party have just fired the starting gun on the expected 2018 election by permanently sidelining the political opposition’s most capable leader.”

    Writing in the Guardian on Tuesday, Anwar said his “political imprisonment” meant Malaysia needed “unyielding international encouragement and pressure”.

    “The past 20 years … have seen our country go from bad to worse politically and economically, driven by compromised democratic institutions and years of systematic abuse by the ruling elite to maintain their grip on power.”

     

    Source: www.theguardian.com

  • Ex-SCDF Director Who Was Sentenced To 10 Weeks’ Jail Cleared Of Misappropriating 2 iPads

    Ex-SCDF Director Who Was Sentenced To 10 Weeks’ Jail Cleared Of Misappropriating 2 iPads

    A former senior civil servant, originally sentenced to 10 weeks’ jail last year after he was found guilty of misappropriating two iPads, walked out of court a free man on Thursday (Oct 20) after he was acquitted of the charges.

    Mr Jeganathan Ramasamy, 65, who was director of the technology department at the Singapore Civil Defence Force (SCDF), had maintained that the two Apple tablets handed to him by IT vendor NCS in 2011 were personal purchases, for which he had yet to make payment.

    He gave one to his daughter and sold the other to SCDF’s then senior director of emergency services for $200. Each iPad 2 was worth $939.

    But the prosecution, which brought two charges against him for criminal breach of trust, contended that the two iPads were meant to be used to test mobile apps that NCS was developing for SCDF.

    In acquitting Mr Jeganathan on Thursday, Judicial Commissioner See Kee Oon said there were “inconsistencies and gaps” in the evidence of both the prosecution and the defence. He said “ample doubt” had been raised in the case against Mr Jeganathan, making it unsafe for the conviction to stand.

    The judicial commissioner noted that the two iPads did not come loaded with any apps, contrary to the prosecution’s case that the devices were meant for testing purposes.

    He also noted that it did not make sense for Mr Jeganathan to sell one iPad to a senior officer in the same organisation if he had obtained it through wrongful means.

    The judicial commissioner pointed to text message exchanges with NCS’ then group general manager, Mr Wong Soon Nam, in which Mr Jeganathan asked to pay for the devices on at least three occasions.

    In a message after he received the devices, Mr Jeganathan said: “Tell me the amount I have to pay.” Mr Wong replied that the iPad 2 “is meant for all the new mobile apps that we are rolling out for SCDF and for you to trial”.

    Shortly after this exchange, Mr Wong phoned Mr Jeganathan.

    Mr Jeganathan testified that Mr Wong told him over the phone to try out the iPads first and they could talk about the price later. Mr Wong initially testified that he did not communicate further with Mr Jeganathan but when confronted with the call records, said he could not remember the contents of the call.

    The judicial commissioner said text messages are a “fertile ground for miscommunication” and that the contents of the call can change the interpretation of the text message exchange.

    Approached for comment after he was acquitted, Mr Jeganathan, who was defended by Mr Sanjiv Rajan, said he was “thankful” that “justice prevailed”. He left SCDF in 2012.

     

    Source: The Straits Times

  • Rashid Hamid: Charge Zulfikar Shariff In Court, If Not, Singapore Same Like North Korea

    Rashid Hamid: Charge Zulfikar Shariff In Court, If Not, Singapore Same Like North Korea

    If singapore govt really sincere and honest towards protecting the innocent citizens and upholding justice in this country then bring this guy on to court with all the evidence that it got and let this guy defends himself if he is really innocent or better still let our highly qualified judges decide his fate without prejudice in a court of law with all the facts that it has obtained.

    Rashid Hamid 1

    ISA is obsolete and is a tool actually design to serve dictators at the helm to keep them in power until eternity and unworthy of a democratic country like singapore. also by using ISA, it makes a mockery of our judicial system as if the law here cannot be just and impartial towards the authority that it needs to go around it in order to ensure justice prevails.even malaysia has do away with ISA for goodness sake.

    ISA is only worthy for communist countries like china and north korea where they usually silent innocent people thru detention without trial or thru firing squad at the beach using rocket launcher.

    Rashid Hamid 2

    the way i see it, singapore govt is still afraid of its own shadow.learn from malaysia on how to run a country without ISA and maybe who knows one day our singapore govt will grow up.

    if malaysia boleh i believe singapore also boleh.

     

    Source: Rashid Hamid commenting on CNA article on statement by family of Zulfikar Shariff