Monday, 28 March 2016

Malaysia-Press Release | Halt the Execution of Gunasegar s/o Pitchaymuthu, J Ramesh s/o Jayakumar, and Sasivarnam s/o Jayakumar, and Abolish the Mandatory Death Penalty

Press Release | Halt the Execution of Gunasegar s/o Pitchaymuthu, J Ramesh s/o Jayakumar, and Sasivarnam s/o Jayakumar, and Abolish the Mandatory Death Penalty






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Press Release
Halt the Execution of Gunasegar s/o Pitchaymuthu, J Ramesh s/o Jayakumar, and Sasivarnam s/o Jayakumar, and Abolish the Mandatory Death Penalty
The Malaysian Bar is extremely troubled over the reports of the imminent carrying out of the death sentence upon Gunasegar s/o Pitchaymuthu, J Ramesh s/o Jayakumar, and Sasivarnam s/o Jayakumar.  Their next-of-kin have been informed to schedule their final visit with them today, and to discuss the arrangements for burial.  The executions could be carried out as early as tomorrow, possibly at Taiping Prison.  This appears to be consistent with the practice of executing death row inmates early on a Friday morning. 
All three of these death row prisoners were convicted under section 302, read with section 34, of the Penal Code, and their convictions were upheld by the Federal Court on 19 February 2014.  At the time of writing, we have no information as to whether applications for pardon were made for them or on their behalf.

Since 2010, the Malaysian Government has announced its willingness to review the mandatory death penalty, with a view to its possible abolition or the reintroduction of a discretionary death penalty.  More recently, in 2015, both the Minister in the Prime Minister's Department in charge of law and the Attorney General have spoken of the Government's intention to introduce legislation in Parliament to cease the use of the mandatory death penalty.  While this laudable initiative appears to have been in the context of the mandatory death sentence for those convicted of drug-related offences, the Malaysian Bar is of the view that the death penalty should be abolished irrespective of the crime that may have been committed. 
The decision on the punishment for offences should be left to the discretion of the Judiciary.  The death penalty has no place in a society that values human life, justice and mercy.  Persons sentenced with the mandatory death penalty should be resentenced to imprisonment.
In light of the impending review of the mandatory death penalty, the Government should, in the interest of justice, declare and implement an immediate official moratorium on any and all executions.  All death sentences should be stayed pending the results of the review.  It is unfair and unjust to carry out the death sentence when there is currently a possibility of reform which, if put into effect, should apply retrospectively.
The Malaysian Bar therefore calls on the Malaysian Government to immediately halt the impending execution of Gunasegar s/o Pitchaymuthu, J Ramesh s/o Jayakumar, and Sasivarnam s/o Jayakumar. 

Steven Thiru
President
Malaysian Bar
24 March 2016

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CLJ Bulletin #12/2016

CLJ Bulletin #12/2016





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24 March 2016, Issue #12/2016
Editors Note
Dear Reader,
Welcome to the latest CLJ Bulletin, Issue #12 of 2016. In this issue we provide you with highlights of selected cases from the Current Law Journal, Malaysia's leading authoritative reporter of case laws and judgments from the Courts of Malaysia and a selection of unreported cases from our widely cited Legal Network Series (LNS).
Among the items featured in this week's edition:

CASE(S) OF THE WEEK

SERUAN GEMILANG MAKMUR SDN BHD v. KERAJAAN NEGERI PAHANG DARUL MAKMUR & ANOR [2016] 3 CLJ 1
FEDERAL COURT OF MALAYSIA
ARIFIN ZAKARIA CJ, AHMAD MAAROP FCJ, RAMLY ALI FCJ, ZAHARAH IBRAHIM FCJ, AZIAH ALI JCA
[CIVIL APPEAL NO: 01(i)-15-04-2014(C)]
02 FEBRUARY 2016
CIVIL PROCEDURE
Striking out - Statement of claim - Action to impeach or set aside earlier judgment - Serious conflict on material facts relating to issues of fraud - Whether there were issues of law requiring mature consideration during trial - Res judicata - Whether applicable - Whether action obviously unsustainable - Whether frivolous, vexatious and an abuse of court process - Whether perjured evidence a ground on which judgment may be impeached by virtue of s. 44 of Evidence Act 1950 - Rules of Court 2012, O. 18 r. 19
CIVIL PROCEDURE
Judgments and orders - Party seeking to impeach or set aside earlier judgment on allegation of fraud - Res judicata - Whether applicable - Whether valid cause of action - Whether frivolous, vexatious and an abuse of court process - Whether perjured evidence a ground on which judgment may be impeached by virtue of s. 44 of the Evidence Act 1950




CLJ BOOK CATALOGUE

Book Catalogue
More >>

We hope this week's e-bulletin provides you with useful insights on the latest legal cases from the Courts of Malaysia.
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Malaysia-Sponsorship Opportunities for Members and Law Firms

IMLC 2016: Sponsorship Opportunities for Members and Law Firms





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Malaysia-Advocacy Training Course, Kuala Lumpur | May 2016 (14 and 15 May 2016)

Advocacy Training Course, Kuala Lumpur | May 2016 (14 and 15 May 2016)






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Malaysia-Talk : 'Contract for Professional Fees And Distinguishing Contingency Fees'

Talk : 'Contract for Professional Fees And Distinguishing Contingency Fees'
To:


SBC/CIR/029/2016
14th March, 2016

Brochure/Form [Download PDF]

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Thank you.

Secretariat
Selangor Bar Committee.










































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Ad | Companies Bill 2015: Challenges and Opportunities (14 Apr 2016)

Ad | Companies Bill 2015: Challenges and Opportunities (14 Apr 2016)





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