{"id":22,"date":"2018-05-27T14:46:01","date_gmt":"2018-05-27T06:46:01","guid":{"rendered":"https:\/\/chambers-khhr.com\/?page_id=22"},"modified":"2019-03-11T02:41:20","modified_gmt":"2019-03-10T18:41:20","slug":"milestones","status":"publish","type":"page","link":"https:\/\/chambers-khhr.com\/?page_id=22","title":{"rendered":"Milestones"},"content":{"rendered":"\n
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Notable Milestones<\/h1>\n <\/div>\n <\/div>\n \n <\/div>\n \n <\/section>\n
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2005 Swimming Pool
Murder Case<\/h4>\n

Dato' Koh Kim Teck & 2 Others was a 2005 murder case where the Firm represented Filipino national, Resty Agpalo, one of the co-accused in the case where a young boy, nephew of the first accused, drowned in a swimming pool at the first accused's home under suspicious circumstances.<\/p>\n <\/div>\n

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Sirul Azhar &
Altantuya Shaariibu<\/h4>\n

In a case that drew intense local and international media attention and scrutiny spanning 10 years from the High Court to the Court of Appeal and finally to the apex Federal Court, the Firm represented Corporal Sirul Azhar Umar, the 3rd accused, in the murder of Mongolian national Altantuya Shaariibuu.<\/p>\n <\/div>\n

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Aboriginal Peoples'
Rights<\/h4>\n

On aboriginal peoples' rights and environmental law the Firm in 2005 to 2010 represented the Temuan tribe of people living in the Lakum Forest Reserve in the state of Pahang which forest was de-gazetted to make way for a RM9 billion (US$3billion) dam project by the State and Federal government.<\/p>\n <\/div>\n

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Stock Market
Manipulation<\/h4>\n

On offences against the Securities Commission, the Firm has successfully represented individuals charged with stock market manipulation.<\/p>\n <\/div>\n

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Sime Darby's
Commercial Crimes<\/h4>\n

The Firm acts for the former CEO of Sime Darby Bhd, a public listed company charged with commercial crimes.<\/p>\n <\/div>\n

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Bank Negara's Deputy Governor
Corruption Charges<\/h4>\n

In the area of anti-corruption laws, the Firm represents Bank Negara, the Central Bank, in the prosecution of its former Deputy Governor on corruption charges. The Firm also acts for the former Chief Minister of the State of Selangor on corruption charges.<\/p>\n <\/div>\n

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Pakistani Nationals
U.S Criminal Charges<\/h4>\n

In 2013, the Firm represented 2 Pakistani nationals who were prosecuted by the Government of Malaysia with a view to extradition to face criminal charges in the U.S.<\/p>\n <\/div>\n

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Tan Sri Musa Hassan's
Defamation Action<\/h4>\n

A widely reported case, the Firm represented the former Inspector-General of Police (IGP) Tan Sri Musa Hassan in his defamation action against former Deputy Prime Minister and Finance Minister Dato Seri Anwar Ibrahim, the now Opposition leader.<\/p>\n <\/div>\n

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Anti Money 
Laundering<\/h4>\n

Widely regarded as experts in the area of anti-money laundering the Firm has over the years handled many high profile cases of individuals charged with those offences.<\/p>\n <\/div>\n

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Drug Mules in
Drug Trafficking<\/h4>\n

The Firm has acted for many foreign nationals charged with drug offences that carry the death penalty, many of whom were used by cartels as drug mules. The Firm also acted on behalf of the Embassies of Peru and Mexico with respect to their nationals charged with the offence of drug trafficking.<\/p>\n <\/div>\n

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Challenging the Establishment
of Special Select Committee<\/h4>\n

On the constitutional and administrative law front, the Firm has handled numerous challenges and presently represents 6 Selangor State Assemblymen in challenging the establishment of a special select committee by the Selangor State Legislative Assembly. This challenge is the first of its kind against the decision of a Parliamentary body under the doctrine of sovereignty of Parliament.<\/p>\n <\/div>\n

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MAIS Defamation Action
against a State Assemblyman<\/h4>\n

The Firm represented Majlis Agama Islam Selangor (MAIS), the Islamic Council of the State of Selangor, and Lembaga Zakat Negeri Selangor, the Zakat Trust Body of the State of Selangor, in a defamation action against a State Assemblyman of Hulu Kelang.<\/p>\n <\/div>\n

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Revival of
Al-Arqam<\/h4>\n

Appointed by the State Government of Selangor, the Firm represents MAIS and its then State Exco member in a defamation action by Rufaqa Corporation where the latter claimed that the former were attempting to revive the disbanded Al-Arqam movement.<\/p>\n <\/div>\n

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Yayasan Basmi Kemiskinan
3 Civil Actions<\/h4>\n

No stranger to acting for public bodies, the Firm acted for Yayasan Basmi Kemiskinan (YBK), a foundation set up to eradicate poverty, in 3 civil actions: (i) appeal to the High Court against the decision of the Land Administrator to forfeit several pieces of lands belonging to the YBK where the lands were returned to the YBK; (ii) action against the State Executive Council of Selangor and the Land Administrator of Hulu Selangor for their collective decisions in refusing to accept the payment of quit rents and forfeiting the lands belonging to YBK as constituting misconduct in public office; and (iii) defamation action against the Menteri Besar of Selangor (Selangor's Chief Minister) and a Selangor State Exco member for their allegations on the mismanagement of funds and allocations by YBK.<\/p>\n <\/div>\n <\/div>\n \n <\/div>\n <\/div>\n \n <\/div>\n \n <\/section>\n

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Recent Cases<\/strong><\/h2>\n <\/blockquote>\n <\/div>\n <\/div>\n \n <\/div>\n \n <\/section>\n
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OFFENCE\/CAUSE OF ACTION<\/strong><\/td>\n CASE<\/strong><\/td>\n COURT<\/strong><\/td>\n REMARKS<\/strong><\/td>\n <\/tr>\n
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Section 39B Dangerous Drugs Act 1952<\/p>\n

(Drug Trafficking)<\/p>\n <\/td>\n

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Public Prosecutor v Mahmod Yary Mohamed & 2 Ors (2012)<\/p>\n

Mahmod Yary Mohamed & 2 Ors v Public Prosecutor (2017)<\/p>\n <\/td>\n

High Court, Court of Appeal<\/td>\n 3 Iraqi nationals were charged and convicted of drug trafficking in the High Court. Our client's conviction was overturned in the Court of Appeal.<\/td>\n <\/tr>\n
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Section 409 of the Penal Code<\/p>\n

(Criminal Breach of Trust)<\/p>\n <\/td>\n

Public Prosecutor v Dato' Mustafha Hj Abdul Razak (2016)<\/td>\n Sessions Court<\/td>\n The Public Prosecutor withdrew the charge against our client pursuant to accepting our representation letter directed to the Attorney General's Chambers. Upon hearing submissions from counsel, the former Managing Director of Bank Rakyat was acquitted under section 254 of the Criminal Procedure Code before the commencement of trial.<\/td>\n <\/tr>\n
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Section 39B Dangerous Drugs Act 1952<\/p>\n

(Drug Trafficking)<\/p>\n <\/td>\n

Public Prosecutor v Farid Gholam Bakhtiari (2015)<\/td>\n High Court<\/td>\n The learned High Court Judge acquitted our client upon finding that he had been an innocent carrier of the impugned substances.<\/td>\n <\/tr>\n
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Section 130V of the Penal Code, read together with the Security Offences (Special Measures) Act 2012<\/p>\n

(Being a Member of an Organised Criminal Group)<\/p>\n <\/td>\n

Public Prosecutor v Vigny Alfred Raj (2016)<\/td>\n High Court<\/td>\n The charge of being a member of an organised criminal group, labelled a security offence, was withdrawn against our client upon the acceptance of our representation letter directed to the Attorney General's Chambers. Accused of being a member of the infamous Devan 360 Gang, our client was the only accused person to have been released without an amended charge being preferred under the Societies Act 1966.<\/td>\n <\/tr>\n
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Section 130V of the Penal Code, read together with the Security Offences (Special Measures) Act 2012<\/p>\n

(Being a Member of an Organised Criminal Group)<\/p>\n <\/td>\n

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Public Prosecutor v Vigny Alfred Raj (2016)<\/p>\n

Vigny Alfred Raj v Public Prosecutor (2017)<\/p>\n

Vigny Alfred Raj v Public Prosecutor (2018)<\/p>\n <\/td>\n

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High Court,
Court of Appeal,
Federal Court<\/p>\n <\/td>\n

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Notice of Motion under section 84 of the Courts of Judicature Act, seeking to refer questions relating to the constitutionality of the whole of and\/or certain provisions of the Security Offences (Special Measures) Act 2012 to the Federal Court.<\/p>\n

The learned High Court Judge's decision refusing to refer the constitutional questions raised by our firm was overturned by the Court of Appeal, and was finally determined by a 9-man bench in the Federal Court in 2019.<\/p>\n <\/td>\n <\/tr>\n

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Revision Application concerning the rights of watching brief counsel, the criminal jurisdiction of the Sessions Court and absolute privilege attaching to statements given under the Malaysian Anti-Corruption Commission Act 2009<\/p>\n <\/td>\n

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Foo Tseh Wan v Toyota Tsusho (M) Sdn Bhd (2018)<\/p>\n <\/td>\n

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High Court<\/p>\n <\/td>\n

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The learned High Court Judge exercised his revisionary jurisdiction to overturn the criminal subordinate court's declaration that our client's MACC statement was admissible in his civil trial.<\/p>Read full judgment here<\/a><\/td>\n <\/tr>\n <\/tbody>\n <\/table>\n <\/div>\n <\/div>\n \n <\/div>\n \n <\/section>\n

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Impressed?<\/h2>\n

Contact us now<\/p>\n \n GET A CONSULTATION
<\/span> <\/a>\n \n <\/div>\n <\/div>\n <\/div>\n \n <\/div>\n \n <\/section>\n \n","protected":false},"excerpt":{"rendered":"

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