AG to seek shariah experts’ view on out-of-wedlock Muslim kids

Source: The Malaysian Insight 

THE Attorney-General’s Chambers (AGC) will study the Court of Appeal’s decision to allow a Muslim child conceived out of wedlock to carry the father’s name before deciding its next course of action.

The New Straits Times reported AGC Civil Division head Amarjeet Singh as saying that A-G Mohamed Apandi Ali would get input from various parties, including shariah experts, before appealing the ruling.

A notice to appeal the ruling at the Federal Court has been filed and the AGC will decide during the case management hearing on September 18.

“He (Apandi) said we (AGC) would discuss with the chambers’ shariah section on their views as they are the experts on this matter.  Read more

Cops say probe on 1MDB done, over to AGC

Source: The Malay Mail Online

IGP Tan Sri Khalid Abu Bakar said the investigations on 1MDB have been concluded for ‘some time’. — Reuters pic.

IGP Tan Sri Khalid Abu Bakar said the investigations on 1MDB have been concluded for ‘some time’. — Reuters pic.

KUALA LUMPUR, April 12 ― The police said today its investigation on 1Malaysia Development Berhad (1MDB) has been completed, and the relevant documents on the case have been handed over the Attorney-General’s Chambers (AGC).

Inspector-General of Police (IGP) Tan Sri Khalid Abu Bakar said the investigations have been concluded for “some time”.

“Police is investigating 1MDB as a whole. We have completed the investigation and we have handed over the investigation papers to the AGC,” he told reporters during a press conference at Bukit Aman today.

The police chief however clarified that his force is not involved in the probe on former 1MDB subsidiary SRC International. Read more

Suaram decries student’s detention under Sosma after acquittal

Source: FMT News

NGO describes Siti’s Noor Aishah’s detention as one of the most deplorable uses of Sosma and Poca. Pic from FMT News.

NGO describes Siti’s Noor Aishah’s detention as one of the most deplorable uses of Sosma and Poca. Pic from FMT News.

KUALA LUMPUR: The human rights and civil liberties NGO Suaram has called on the attorney-general’s chambers to withdraw its arrest of student Siti Noor Aishah Atan over alleged possession of illegal books.

Its executive director, Sevan Doraisamy, said Siti, a research student at Universiti Malaya, should be released from her detention under the Security Offences (Special Measures) Act 2012 (Sosma).

In a statement today, he said Suaram was notified that Siti had been re-arrested and returned to detention under Sosma following her hearing at the Court of Appeal this morning.

Siti was detained under Sosma for allegedly being in possession of the materials.

On Sept 29 last year, she was acquitted and discharged by the High Court over the charge of having 12 publications related to terrorism.

However, she was rearrested under the Prevention of Crime Act 1959 (Poca) after her release. Read more

Death in custody: Govt offers lower compensation to man’s kin

Source: FMT News

The government admits responsibility in P Chandran's death but is appealing against the compensation awarded. Pic from FMT News.

The government admits responsibility in P Chandran’s death but is appealing against the compensation awarded. Pic from FMT News.

PETALING JAYA: Putrajaya has appealed against the award of RM200,000 in exemplary damages to the family of a lorry driver who died in a police lock-up after his medical needs were not attended to.

Lawyer M Visvanathan said the Attorney-General’s Chambers served his firm a copy of the notice appeal last week.

“The government has admitted responsibility for the death of P Chandran and is not appealing against liability.

“However it only wants to set aside the award of RM200,000 to the next-of-kin of Chandran,” Visvanathan told FMT.

In his judgment on Jan 9, High Court judge S Nantha Balan held the police liable for the death of Chandran in the Dang Wangi lock-up four years ago.

Nantha awarded a total of RM357,000 in damages to Chandran’s widow, N Selvi, and daughter, C Rita, for negligence and abuse of public office. Read more

Hearing of AGC’s objection to Khairuddin’s bid to set aside economic sabotage charge [Updated]

April 13 for hearing of objection to Khairuddin bid to strike out charge

Source: NST Online

Khairuddin Abu Hassan has filed a legal bid to quash his charge of attempting to sabotage the nation's economy . Pic by Yazit Razali

Khairuddin Abu Hassan has filed a legal bid to quash his charge of attempting to sabotage the nation’s economy . Pic by Yazit Razali

KUALA LUMPUR, 15 Feb 2016: The High Court set April 13 to hear the Attorney-General’s Chamber’s objection to a bid by former Batu Kawan Umno division vice-chairman Datuk Seri Khairuddin Abu Hassan to set aside his charge of attempting to sabotage the nation’s economy.

Khairuddin’s counsel Mohamed Haniff Khatri Abdulla confirmed that deputy registrar Noor Aini Yusof fixed the date during case management in her chambers today.

Haniff said the prosecution – represented by deputy public prosecutors Mohamad Abazafree Mohd Abbas and Mohd Masri Daud – will be filing the notice of objection in the next two weeks. Haniff added that the court directed parties to file submissions (court papers) by April 6.

Khairuddin, through the setting-aside application filed on Feb 3, claimed that the charge was defective because it was signed by Attorney-General (AG) Tan Sri Mohamed Apandi Ali, whose validity of appointment the applicant (Khairuddin) disputed.

Khairuddin, 54, claimed that Apandi’s appointment to replace then AG Tan Sri Abdul Gani Patail was illegal and contrary to the requirements of Article 145(6) of the Federal Constitution.

On Oct 12 last year at the magistrate’s court here, Khairuddin and lawyer Matthias Chang Wen Chieh, 65, claimed trial to trying to sabotage Malaysia’s banking and financial industry. Khairuddin and Chang allegedly committed the offence in France, the United Kingdom, Switzerland, Hong Kong (China) and Singapore between June 28 and Aug 26 last year.

Both of them face a maximum of 15 years’ jail if found guilty under Section 124L of the Penal Code.

Related Articles

[1] Khairuddin bid to set aside economic sabotage charge [3 Feb 2016]
[2] Court upholds sabotage charge against 1MDB critic [13 Apr 2016]

Info leaked too often, minister says AGC wants review of OSA penalties

Source: The Malay Mail Online

KUALA LUMPUR, March 9 ― The Attorney-General’s Chambers believes that punishments under the Official Secrets Act (OSA) should be reviewed as information confidential to the government have been frequently leaked, de facto law minister Datuk Seri Azalina Othman Said has said.

However, Azalina also said that government lawyers tasked with drafting the proposed amendments will only act after getting the greenlight from the executive.

“Any proposals for amendments to the Official Secrets Act 1972 (Act 88) is subject to policy decisions that have to be decided by the Executive. The Attorney-General’s Chambers will take the next step after policy decisions by the Executive. Read more

Trial starts for Bersih ‘balloon girl’ Bilqis Hijjas [Updated]

Bilqis was charged with 'insulting behaviour' against the prime minister and his wife by dropping seven balloons printed with the words “Free media”, “Democracy” and “Justice” from the top floor of a popular mall in the capital city last August. ― Picture by Yusof Mat Isa

Bilqis Hijjas. ― Picture by Yusof Mat Isa

Dancer Bilqis Hijjas, charged with ‘insulting behaviour’ against the Prime Minister Datuk Seri Najib Razak and his wife Datin Seri Rosmah Mansor by dropping on them seven yellow balloons from the top floor of a popular mall in the capital city in August 2015, must stand trial at the Magistrates Court.

This follows the public prosecutor’s rejection of her application to drop the charge on 28 January 2016.

Her defence team received verbal confirmation of the rejection to drop the charge under Section 14 of the Minor Offences Act 1955 from the Attorney-General’s Chambers from deputy public prosecutor Joy Jothi Nadrasan.

The said yellow balloons were printed with the words “Free media”, “Democracy” and “Justice”.

 

Related Articles

[1] ‘Balloon girl’ probed for handing out Bersih balloons [31 Aug 2015]
[2] Bersih ‘balloon girl’ to be charged tomorrow [22 Sep 2015]
[3] Consider dropping charge against Bersih ‘balloon girl’, Malaysian Bar urges AG [23 Sep 2015]
[4] Bersih 4 balloon girl pleads not guilty to ‘insulting behaviour’ (VIDEO) [23 Sep 2015]
[5] ‘Seolah-olah kuasa boleh diancam dengan belon’ – Bilqis Hijjas [23 Sep 2015]
[6] Trial starts for Bersih ‘balloon girl’ after prosecutor refuses to drop charge [28 Jan 2016]

Updates

[7] Although harmless, yellow balloons still disturbed PM gig, witness tells court [26 Apr 2016]
[8] In balloon girl trial, witness says had orders to avoid Bersih commotion [26 Apr 2016]
[9] ‘Something could go wrong’, mall security says after witnessing yellow balloons at PM gig [27 Apr 2016]
[10] Pavilion security: PM’s event ran smoothly because we acted fast on yellow balloons [5 May 2016]
[11] Organiser ‘angry’ at yellow balloons’ hijack of art fest graced by PM [13 May 2016]
[
12] Outcome of trial: Dancer walks free after court rules yellow balloons at PM event ‘not insulting’ [1 Jul 2016]

 

Govt does not intend to give prosecution power to MACC, says Paul Low

Source: The SunDaily

The Malaysian Insider filepic, August 4, 2015.

The Malaysian Insider filepic, August 4, 2015.

KUALA LUMPUR: The government has no plans to empower the Malaysian Anti-Corruption Commission (MACC) to fully initiate prosecution in corruption cases without referring to the Attorney-General.

Minister in the Prime Minister’s Department Datuk Paul Low Seng Kuan said this was to provide a check and balance in the investigation and prosecution of cases.

“It has also become a practice in almost every country in the world where a decision to initiate, conduct or discontinue any proceeding is made by the public prosecutor and not influenced by the investigating agency,” he said in a written reply to a question from William Leong Jee Keen (PKR-Selayang) in the Dewan Rakyat today. Read more

Bank Negara can act against 1MDB under Financial Services Act

Source: The Malaysian Insider

As the financial regulator, Bank Negara Malaysia says the imposition of monetary penalties against any party that breaches local financial laws is within its sole purview, outside of any criminal charges that may be sought through the Attorney-General’s Chambers. – The Malaysian Insider file pic, October 19, 2015.

Bank Negara Malaysia (BNM) are empowered to take enforcement action, also known as administrative action, on parties that are found to have transgressed or have not complied with rules and regulations issued under the Financial Services Act.

“These actions may be taken concurrently with, and are separate and distinct from, criminal proceedings that are under the sole purview of the Attorney-General.”

The central bank said this in a statement to provide clarity regarding its powers to enforce in compliance with the regulatory laws that are administered by the central bank.

Hence, separate from any decision on criminal proceedings, the central bank is authorised under the Financial Services Act 2013 and Islamic Financial Services Act 2013 to pursue administrative actions.

“This would include the imposition of monetary penalties, issuance of an order to comply, making restitution to any person aggrieved by a breach, public and private reprimands and an order to take steps to mitigate or remedy a breach.

“This is to ensure the integrity of, and confidence, in the financial system,” the central bank said. Read more

Public can challenge A-G’s refusal to charge 1MDB, say lawyers

Source: The Malaysian Insider

Bank Negara Malaysia can challenge in court the Attorney- General’s decision to drop investigations into 1MDB, say lawyers. – Reuters file pic, October 10, 2015.

Any member of the public or entity, including Bank Negara Malaysia, can challenge in court the Attorney-General’s decision that 1Malaysia Development Berhad (1MDB) has not committed any offence despite the central bank’s appeal to review the case, lawyers said.

Lawyer Amer Hamzah Arshad said such a challenge had never been mounted in Malaysia but it had been done in other Commonwealth jurisdictions.

“If one thinks that there is bad faith by the A-G’s refusal to prosecute, one could go to the court for remedy,” said the criminal lawyer.

This legal view comes as the central bank issued a statement yesterday that its probe into 1MDB had found that the state investor made inaccurate or incomplete disclosures to secure permissions for overseas investments. Read more