Who's Right to Life?

In reference to Article 5(2) of the Federal Constitution, it states that "No person shall be deprived of his life or personal liberty save in accordance with law. We have accepted this provision which gives right to life and thus, no one should deprive another person's life in accordance to the law. But does it bring justice to the victim's family?

Murder case of Shaariibuugiin Altantuyaa

On October 2006, a Mongolian national was murdered either by C-4 explosives or was somehow killed first and her remains were later destroyed with C-4. It was alleged that her murder was due to her involvement with the former Malaysian Prime Minister, Najib Abdul Razak, who was eventually acquitted.

On 23 August 2013, Sirul Azhar Umar and Azilah Hadri were acquitted by the Court of Appeal but this decision was subsequently overturned by the Federal Court on 13 January 2015, finding both individuals guilty of murder and sentenced to death. However, Sirul has fled and is now detained in Australia while Azilah is languishing in the Kajang prison, awaiting to be executed.

Recently, Altantunya's father has revealed that Altantuyaa's youngest son, now aged 16, still has no idea that his mother has been murdered: (Link)

Suspected Serial Rapist & Killer: Rabidin Satir
A 42 year-old unemployed Dusun man from Tambunan, Sabah, was charged with: -

1. Raping-to-death a 17-year old girl at Kampung Ketari on March 7
2. Rape of a 9-year old girl at Taman Sri Marong, Bentong on July 2009
3. 3 counts of rape and 1 count of committing unnatural sex
4. Rape of another 17 year-old girl at a house at Jalan Kuala Lumpur-Bentong on June 21,2010
5. Rape of 8-year old girl at a riverside behind a house in Ketari, Bentong on April 29, 2011
6. Raping and sodomising a 16-year old girl at a house in Ketari, Bentong on October 12, 2011
7. Murder of 31-year old man and later raped the deceased's wife in Bentong, Pahang on November 3, 2012

Rabidin Satir (commonly known as " Rambo Bentong") is currently awaiting for his execution.

• Family's Victim speaks out on abolishing mandatory death penalty

With the recent news of  the government abolishing the death penalty for 11 offences, it could potentially spare the lives of dangerous criminals. 

The main question that one should consider is where then do justice lie? Does it lie on the right to life of a person who deliberately and intentionally took another innocent person's life or does it lie on the victim who's life was cut-short on the hands of another, and the family's victim who are in a permanent state of emotional limbo as they await a promised justice?

Ketua Pengarah Laut, Jabatan Laut Malaysia & Ors v Straits Bunker & Tradong Sdn Bhd & Anor

Prosecur Jenayah - Habeas Corpus - Permohonan - Kapal dan aanak kapal permohon ditahan oleh responden pertama - Permohon memohon kepada responden pertama membenarkan untuk mengambil anak kapal keluar tetapi tertakluk kepada syarat yang dikenakan - Sama ada pemohon telah ditahan - Sama ada permohonan melalui permohonan jenayah adalah betul - sama ada terdapat penahanan salah - Perlembagaan Persekutuan perkara 5

Case Summary

Tan Seng Kow & Ors v Tan Choo Leng & Anor

Striking out the decision of Sessions Court 

Case Summary

Chua Ah Meng & Anor v Tian Kon Siong

Civil Procedure - Appeal - Findings of facts - Whether trial judge's decision not supported by his findings of facts - Whether on findings that land transfer documents were not tainted by misrepresentation or forgery trial judge should have concluded that transfer of land valid and that transferee had acquired indefeasible title - Whether trial judge's holding that the transfer of the land not a genuine sale and purchase transaction but was to secure a money-lending transaction perverse

Case Summary

Stone Mater Corporation Bhd v Dato Koh Mui Tee & Ors

Setting aside Consent Judgment - Defects in pleadings - status quo of Board of Directors -  Turquand's rule - Ostensible authority 

Case Summary

Khaw Tiew Chai v Lee Chai Seng & Ors and another appeal [2018] MLJU 1386

Strike out application - Res judicata - Estoppel - Bankruptcy Act 1967 - s.355(2) Companies Act 1965 - Originating Summons - s.44 Evidence Act 1950

The following were the issues for determination by the High Court: -

1. Whether the instant suit is caught by res judicata and/ or issue estoppel by reason that the disputes have or could have been determined in the OS and the subsequent appeals;
2. Whether the 1st to the 4th Defendants have paid the specified amount to the Plaintiff for the purchase shares in the 5th Defendant; and 
3. Whether the issuance of the new 2,946,283 shares in the 5th Defendant is valid.

Case Summary

Abdul Rahman bin Abu Maman @ Abdul Manan v Mohamad bin Mohamed Nordin & Ors

Investment schemes - fraud - misrepresentation - privity of contract - jurisdiction of Malaysian courts - Burden of Proof - s.101 & s.102 Evidence Act 1950

The issues to be tried are as follows: -

1. Whether the Defendant had personally or jointly introduced and promoted the gold investment scheme which uses gold as the subject matter and the consideration/ return of the investment?
2. Whether the Defendants had personally or jointly misappropriated the Plaintiff's money and committed fraud against the Plaintiff and other investors when the Defendants had (allegedly) cheated and misused the moneys which was paid by the Plaintiffs and other investors, as the capital for the scheme?
3. Whether the moneys paid by the Plaintiff and the investors had been misused and taken personally or jointly by the Defendants?
4. Whether there is any privity of contract between the Defendants personally or jointly with the Plaintiff and/ or the 75 other claimants?
5. Whether the Defendants are the agents/ representatives of Pegasus?
6. Whether the Defendants had any privity of contract with the Plaintiff or any of the other investors?
7. Whether the Plaintiff has any locus to initiate or file this action in Malaysia?
8. Whether Pegasus's business which is a pyramid scheme (multi level marketing) is a legal business in Malaysia?

Case Summary