Press Release: Attorney General has Sufficient Cause to Re-open Investigations
Posted by Web Administrator
Saturday, 30 March 2013 08:36am
The Honourable Attorney General had in effect clarified on 26 March 2013, as reported in the media, that he has the discretion to direct the re-opening of investigations into the 2006 murder of Altantuya Shaariibuu. He is reported to have stated that he would consider the Bar Council’s suggestion to re-open investigations, but only if there is new evidence. Thus, the issue presently is not whether the Attorney General has the discretion to do so, but whether there is sufficient cause for him to do so.
The Malaysian Bar is of the view that the revelations in the public domain by Deepak Jaikishan, the late Balasubramaniam Perumal, and Americk Singh Sidhu provide sufficient cause for the authorities to re-open investigations or to conduct further investigations.
These revelations, for example the events, and persons involved in those events, as narrated by Deepak Jaikishan in relation to the affirmation of a statutory declaration on 4 July 2008 by Balasubramaniam Perumal for the purpose of recanting his first statutory declaration affirmed on 1 July 2008, and the role Deepak had played in the matter, were not evidence that had been earlier revealed. Taken at face value, such revelations may speak to the possible motive for the events that led to the demise of Altantuya Shaariibuu.
Why A ‘Caretaker’ Government By Convention Is Unconstitutional’. In the article, he opined that Article 43(2) of the Federal Constitution is to be read as requiring a caretaker government to be formally appointed by the Yang di-Pertuan Agong (“YDPA”). Edmund challenged the widely held view that a government automatically continues to govern in a ‘caretaker’ capacity after the dissolution of Parliament as inconsistent with the Federal Constitution.
Article 43(2) of the Federal Constitution reads as follows (emphasis added):
The Cabinet shall be appointed as follows, that is to say:
(a) the Yang di-Pertuan Agong shall first appoint as Perdana Menteri (Prime Minister) to preside over the Cabinet a member of the House of Representatives who in his judgment is likely to command the confidence of the majority of the members of that House; and
(b) he shall on the advice of the Prime Minister appoint other Menteri (Ministers) from among the members of either House of Parliament;
but if an appointment is made while Parliament is dissolved a person who was a member of the last House of Representatives may be appointed but shall not continue to hold office after the beginning of the next session of Parliament unless, if he has been appointed Prime Minister, he is a member of the new House of Representatives, and in any other case he is a member either of that House or of the Senate.
Please click here to listen to the ABC Radio Australia interview with Christopher Leong, President of the Malaysian Bar.
Malaysia's attorney-general Abdul Gani Patail says more people are likely to be charged over the Sulu intrusion in Sabah state.
He was quoted by Malaysia's Bernama news agency as saying that police needed more time to complete their investigations after the military cracked down on over 200 Filipino Muslims who invaded a village in the eastern state on Borneo island.
A local court on Thursday charged eight Filipino muslims with engaging in terrorism and waging a war against the King.
The Malaysian Bar has welcomed the Attorney-General's assurance that the accused will have access to legal representation and due judicial process.
The Malaysian Bar Council says it will cooperate with Sabah authorities to provide legal aid to the accused.
Presenter: Sen Lam
Speaker: Christopher Leong, President, Malaysian Bar
KUALA LUMPUR: The Malaysian Bar has defended the rule that litigants should not state the amount for damages in defamation suits, saying it is a healthy law.
However, several lawyers feel that rule should be reviewed and exceptions be made for defamation suits.
Bar president Christopher Leong said it was good to not allow the plaintiff in such cases to quantify the amount for damages.
“When the plaintiff quantifies the damages in a manner wholly excessive in the statement of claim, it may be oppressive against the defendants and may become an instrument to threaten the defendants. You do not use your action as a way to threaten the defendants,” he said.
The question of reputation must be adduced by way of evidence and assessed by the court, Leong said, pointing out that there had been cases where the plaintiff specified a certain amount in defamation suits to threaten the defendant.
As a service to Members of the Bar and pupils in chambers, we publish the Bar Council library update on a periodic basis. The update is a current awareness alert to Members and pupils in chambers on the latest developments in legislation and new library acquisitions.
The information for the update is compiled from the up-to-date contents of Lawnet Malaysia and will normally include the following, with notes and coming-into-force dates of legislation:
Federal Bills;
Acts;
Amendment Acts; and
Federal Subsidiary Legislation – PU(A) and selected PU(B) series.
Click here to view the current update. Members and pupils in chambers wishing to peruse the new acquisitions are welcome to drop by the library. We are open every Monday to Friday from 8:30 am to 5:30 pm, and Saturday from 9:00 am to 1:00 pm.
There is no provision for a caretaker government in the Malaysian Constitution. The notion of a caretaker government is essentially a parliamentary or constitutional convention.
THERE is no reference to a caretaker government in the Federal Constitution. The concept of a caretaker government is a concept of the Westminster parliamentary system.
It is practised in parliamentary democracies where the executive government is formed from the majority political party in the elected house of representatives.
The notion of a caretaker government is essentially a parliamentary or constitutional convention.
A caretaker government may broadly be described as an interim government that governs pending the outcome of a determining event.
The determining event is invariably a general election that would elect a government that can govern with the confidence of the majority in Parliament.
THE Competition Act 2010 (CA 2010) has been in force for over a year, and yet there are still a large number of businesses that are not complying with its provisions. Is this because they do not understand how it applies to their businesses or is it because they are part of an even larger number that still do not know of its existence. Either way, the Malaysia Competition Commission (MyCC) is concerned.
The CA 2010 received royal assent on June 2, 2010, but did not come into force until Jan 1, 2012. This 18-month moratorium was deliberate as the Government wanted to give businesses sufficient time to understand the new law and to make any changes required to their business practices.
The MyCC has worked hard to raise awareness and educate the Malaysian public, businesses and government on the existence of the CA 2010 and what it means.
Since the beginning of 2011, the MyCC has conducted more than 60 seminars, targeted at a wide range of interest groups from SMEs to government procurement officers to trade and business associations. This advocacy work continues with SME and bid-rigging roadshows planned for 2013.
PETALING JAYA (March 25, 2013): The legal fraternity has urged the judiciary to interpret Article 121(1A) of the Federal Constitution in a more open-minded manner that recognises the rights of non-Muslims in legal disputes involving Muslims.
Bar Council president Christopher Leong said there is no necessity to repeal Article 121(1A) as called for by several NGOs claiming 121(1A) restricts religious freedom in Malaysia.
Article 121 (1A) states that the High Court has no jurisdiction in respect of any matter within the jurisdiction of the syariah courts.
"Any matters involving the rights or interests of non-Muslims in any way must strictly be subject to the jurisdiction of the civil court," said Leong.
He said any matters involving non-Muslims must be determined by the civil courts.
On Friday, five NGOs, including the Young Buddhist Association of Malaysia (YBAM) issued a statement calling for the repeal of 121(1A), calling for non-Islamic affairs to be managed by the civil and not syariah courts.
MESYUARAT Agung Tahunan Badan Peguam tempoh hari begitu dramatik. Seramai 1,303 ahli Badan Peguam telah hadir, suatu angka yang sedikit luar biasa jika dibandingkan dengan tahun-tahun sebelumnya. Mungkin sekali kerana usul yang dicadangkan oleh beberapa peguam muda yang inginkan Majlis Peguam membentuk sebuah Jawatankuasa Penyiasatan Bebas untuk menyiasat akaun sumpah yang dibuat oleh mendiang “P.I. Bala”.
Sejurus selepas pengerusi mesyuarat, yang juga mantan Presiden Badan Peguam, membuka lantai untuk debat mengenai usul tersebut, mereka yang hadir dikejutkan dengan pendedahan salah seorang ahli Badan Peguam. Debat kemudian berlangsung dengan rancak, kadangkala beremosi, tetapi pada setiap masa didukung oleh semangat dan niat yang baik. Semua yang mempersembahkan hujah mereka melakukannya demi mendukung keadilan tanpa dipengaruhi rasa takut atau memihak. Ya, usul tersebut akhirnya ditarik balik, tetapi tiada yang kalah dalam debat yang telah berlangsung.
2013 Bar Council subscription Click the link above to download Circular 090/2013 pertaining to the 2013 Bar Council subscription, including the payment guide and a set of Frequently-Asked-Questions.
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.
Starting a new Practice If you are thinking of setting up your own law practice, click on the link above to view Bar Council's information and checklists to help you prepare for your new endeavour.
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.
Kuala Lumpur Bar Luncheon: Feast with the Giants of the Bar (22 June 2013) Organised by the Kuala Lumpur Bar Pupils Welfare Committee and Young Lawyers Committee, this event will be held at 12:00 noon, at The Smokehouse Restaurant, Jalan Telawi 3, Bangsar, on 22 June 2013 (Saturday). 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.
Kuala Lumpur Bar Seminar on the Torrens System and Equitable Principles (2 July 2013) Organised by the Kuala Lumpur Bar Professional Development Committee, this session by SY Kok will be held at 3:00 pm, at Kuala Lumpur Bar Auditorium, Wisma Kraftangan, on 2 July 2013 (Tuesday). The seminar carries two CPD points. 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.
The Honourable Attorney General had in effect clarified on 26 March 2013, as reported in the media, that he has the discretion to direct the re-opening of investigations into the 2006 murder of Altantuya Shaariibuu. He is reported to have stated that he would consider the Bar Council’s suggestion to re-open investigations, but only if there is new evidence. Thus, the issue presently is not whether the Attorney General has the discretion to do so, but whether there is sufficient cause for him to do so.
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As a service to Members of the Bar and pupils in chambers, we publish the Bar Council library update on a periodic basis. The update is a current awareness alert to Members and pupils in chambers on the latest developments in legislation and new library acquisitions.
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Circular No 138/2013: Request for Feedback on Issues Pertaining to Stamp Duty and Real Property
