Press Release : Court of Appeal’s decision is regressive
Posted by Web Administrator
Monday, 29 March 2010 02:25pm
The Malaysian Bar is disappointed with the Court of Appeal’s ruling last week in the case involving former Internal Security Act (ISA) detainee Abdul Malek Hussein. The decision, which overturns the High Court’s earlier RM 2.5 million award to Abdul Malek Hussein for wrongful arrest and detention, is regressive, and disquieting.
We are surprised that the Court of Appeal appeared to overturn findings of fact made by the trial judge, who saw the witnesses and heard their live testimony. Furthermore, the order of costs of RM50,000, especially against a victim of the ISA, is exorbitant, and punitive in nature.
A critical look at the latest Court of Appeal decision on detention without trial
MARCH 29 — The Court of Appeal (CoA) last week allowed the appeal in the case of Abdul Malik Hussin vs Borhan Daud. In doing so the CoA reversed the High Court decision which, among others, found that the detention of Abdul Malik under the Internal Security Act (ISA) unlawful.
The CoA’s decision was, almost as usual, unanimous. Although three judges heard the appeal, only one judgment was written and read out.
Briefly, Abdul Malik was arrested and detained by the police under the ISA on Sept 25, 1998. The 1st defendant (Borhan) testified that he told Abdul Malik at the time of arrest as follows:
"TANAH kami, maruah kami," said banners at an Orang Asli protest in Putrajaya recently against changes to the policy affecting their land rights.
Just three months ago, Deputy Prime Minister Tan Sri Muhyiddin Yassin announced that Orang Asli household heads would be given two to six acres of land to help "take the community out of poverty". An additional 5,000 square feet would be granted to build houses. The policy would reportedly benefit 19,990 Orang Asli households in peninsular Malaysia and involve an approximate total of 120,000 acres of land.
16 ‘victims of human trafficking’ go missing from KLIA centre
MARCH 29 — Earlier last week, PAS — which had been a small blip in our current affairs radar given the prominence of Umno, Perkasa, MCA and PKR-related issues in the news — probably figured it was high time to stir something up just before their Majlis Syura.
Lo and behold, its president Datuk Seri Abdul Hadi Awang came out rather magnanimously to suggest that the first principle of our Rukunegara be amended to “Kepercayaan kepada Allah” because the word, as he puts it, is widely used by non-Muslims.
Hadi’s bold suggestion certainly got many people thinking; myself included (no snide remarks, please).
KUALA LUMPUR: Datuk Seri Dr Chua Soi Lek won the MCA presidency last night by the smallest of margins — 68 votes — and was handed a mixed team of leaders who supported him and his rivals. Dr Chua won with 901 votes.
Many interpreted the outcome as a signal that the delegates wish to see an end to infighting.
Amid a mood of reconciliation, Health Minister Datuk Seri Liow Tiong Lai, 48, the new No. 2, who polled 1,171 votes, and Dr Chua congratulated each other and pledged to work together to strengthen the party.
KUALA LUMPUR: The High Court yesterday dismissed lawyer Matthias Chang’s suit against American Express (M) Sdn Bhd for breach of contract and defamation.
Justice Noor Azian Shaari dismissed the suit after considering the evidence and submissions by both parties, and found that the plaintiff had failed to prove his claim against the credit card company.
Chang filed the suit against American Express in 2002, after his credit card was suspended.
Death in custody – Illias Othman (Raja Perempuan Zainab (II) Hospital, 21 March 2006)
Posted by Web Administrator
Friday, 26 March 2010 10:52am
Four years ago this week, Illias Othman died in the Raja Perempuan Zainab (II) Hospital in Kota Baru, Kelantan five hours after being arrested on 21 March 2006.
Then 41 years old, the mechanic had been arrested by officers from the Binjai Police Station for creating a disturbance at the Kampung Pengkalan Datu mosque. He reportedly died of head and body injuries but his family claimed that he had been beaten in custody. However, according to the police, Illias Othman died after he was allegedly beaten by hospital attendants who attempted to restrain him when he “ran amok”.
2013 Hotel Corporate Rates Attending seminars? Going for a holiday? Click on the link above to check out the list of hotel corporate rates for Members of the Bar, which is updated regularly.
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Risk Management for Staff Workshop, Kuala Lumpur (20 June 2013) Organised by the Bar Council Professional Indemnity Insurance Committee, this workshop will be held at 9:00 am to 5:30 pm, at Raja Aziz Addruse Auditorium, Bar Council, on 20 June 2013 (Thursday). The workshop carries seven CPD points. Click on the link above for more details.
Kuala Lumpur Bar Seminar on Judicial Review 101 (20 June 2013) Organised by the Kuala Lumpur Bar Professional Development Committee, this session by Shanmuga Kanesalingam will be held at 3:00 pm, at Kuala Lumpur Bar Auditorium, 10th Floor, Wisma Kraftangan, on 20 June 2013 (Thursday). The seminar carries two CPD points. Click on the link above for more details.
Kuala Lumpur Bar Strategic Litigation Camp (21 to 23 June 2013) Organised by the Kuala Lumpur Bar Young Lawyers Committee and the Malaysian Centre for Constitutionalism and Human Rights, this event will be held at the Firefly Park Resort, Kuala Selangor, from 21 to 23 June 2013 (Friday to Sunday). Click on the link above for more details.
The Legacy Series | Gopal Sri Ram Lectures (June and July 2013) Organised by the Bar Council Professional Standards and Development Committee, these lectures by Datuk Seri Gopal Sri Ram will be held at 2:00 pm to 4:00 pm, at Raja Aziz Addruse Auditorium, Bar Council, on 24 June 2013 (Monday), and 9, 16 and 23 July 2013 (Tuesdays). The lectures carry two CPD points each. Click on the link above for more details.
Seminar on Medical Disability and the Assessment of Damages (6 and 7 July 2013) Co-organised by Malaysian Occupational Therapy Association, Malaysian Healthy Ageing Society and Perdana University, in collaboration with Bar Council, this seminar will be held at Berjaya Times Square, Kuala Lumpur, on 6 and 7 July 2013 (Saturday and Sunday). The seminar carries 10 CPD points. Click on the link above for more details.