Flashback : PP v Nee Siang Yee

An old case reported in Bernama back in 2008, where our Richard Wee and Edward Saw were appointed by the High Court to defend Nee Siang Yee, an accused facing the death sentence of Section 39B of the Dangerous Drugs Act. 

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link:-

http://mstar.com.my/berita/cerita.asp?file=/2008/8/13/TERKINI/Mutakhir/Peniaga_dibebaskan_daripada_pertuduhan_edar_dadah&sec=mstar_berita

Peniaga dibebaskan daripada pertuduhan edar dadah KUALA LUMPUR: Seorang peniaga hari ini dilepaskan dan dibebaskan oleh Mahkamah Tinggi di sini atas tuduhan mengedar dadah seberat 52.16 gram kira-kira enam tahun lepas. Hakim Lim Yee Lan melepaskan dan membebaskan Nee Siang Yee, 35, selepas mendapati pendakwaan gagal membuktikan adanya kes prima facie terhadap Nee di akhir kes pendakwaan. Dalam penghakimannya, Lim berkata terdapat percanggahan antara keterangan pegawai polis yang menangkap Nee dan keterangan Chee Wee Lin iaitu orang yang berada di dalam kereta bersamasama Nee berhubung tempat dadah itu dijumpai di dalam kereta. Katanya pendakwaan juga gagal membuktikan dadah yang ditemui dalam kereta yang dipandu Nee adalah miliknya. Terdapat dua orang lain dalam kereta itu iaitu Chee dan seorang warga Indonesia Adi Umar. Beliau berkata dalam keterangannya, pegawai polis itu berkata dadah itu ditemui atas lantai dekat dengan pedal kereta di depan tempat duduk pemandu manakala Chee dalam keterangannya menyatakan beliau nampak dadah itu dikeluarkan dari bawah tempat duduk pemandu. Nee didakwa mengedar dadah jenis methaphetamine di sebuah tempat cuci kereta di No 6, Jalan Mahmud, Kampung Baru, Kuala Lumpur  pada 11.45 malam, 8 Okt 2002. Dia didakwa mengikut Seksyen 39 B (1) Akta Dadah Berbahaya 1952 dan boleh dihukum mengikut Seksyen 39 B (2) akta yang sama yang membawa hukuman mati mandatori jika sabit kesalahan. Nee, Chee dan Adi telah dihadapkan ke Mahkamah Majistret atas tuduhan itu tetapi pendakwaan kemudiannya mengugurkan pertuduhan terhadap Chee dan Adi. Pendakwaan dijalankan oleh Timbalan Pendakwa Raya Ahmad Fuad Othman manakala Nee diwakili peguam Richard Wee. BERNAMA

Happy Deepavali

The Festival of Light dawns upon us

Happy Deepavali to our Malaysian Hindu friends from RWY.

 May the light shine on all Malaysia!

Thank you Chai Hong

RWY wish to express thanks to Teow Chai Hong, who was attached for 2 months at RWY. Chai Hong is a law student based at KDU Law School. 

RWY wish you all the best. 

Chai Hong also showed great talent of taking photos

My Experience as an Intern at RWY (Michele Tung Hui Qi)

21 DAYS IN THE FIRM

First time doing internship, I was more afraid than excited. With my limited knowledge on legal practice, I began my internship in August right after I finished my first year. On my first day, I was briefed shortly by Mr Wee on his expectations from me. Since this is my first step into the legal working life, I was not really used to the new environment and got quite stressed. Anyhow, it got much better after a week.

I was introduced to the basics first, such as doing clerical work, and of course, learning how to draft letters. Besides that, I had the opportunity to read and do research on some interesting cases in a few areas of law.

I guess what I enjoyed the most in these 21 days would be court trips with Mr Wee and Mr Yip, especially to the Palace of Justice in Putrajaya. I got to see how lawyers submit their cases and how judges respond. It is definitely very enlightening and intrigues me to see the real world of the legal profession and how justice is upheld.

However, I was not assigned with much work to do mainly due to my limited knowledge as I had merely finished my first year of my LLB course. Hence I was only able to help out a little on litigation files but could do none on conveyance. There was once Mr Wee gave me an insight on how they handle and prepare for their case. Little did I realise that litigation work is far too complex and requires much more skills and greater legal understanding as every document must be analysed in detail and research had to be done thoroughly.

Nonetheless, I was also given a chance to participate in the discussions with clients to see how meetings are being convened.

There were times where I was not paying attention on my work and consequently made careless mistakes. Nevertheless, Mr Wee was very patient with me despite his busy schedule. I lamented for not doing my best.

Interning at RWY made me feel at home. I am truly grateful and that Mr Wee and Mr Yip offered me a chance to intern in RWY.

The experience of being an intern in RWY is definitely eye-opening. It made me think again what I really want to achieve when I become a lawyer. Many things that I would never have thought about at this age of mine, crossed through my mind in these 21 days of exposure. I have realised that there are so much more for me to learn, to be more ambitious and courageous, and improve myself to strive for the better. Looking back, I ponder and search again my enthusiasm and dreams for this profession that was once lost.

21 days of internship may be too short a time for me to gain much in terms of legal experience, but it was definitely enough for me to feel inspired, and start my second year with a new mindset.

BY MICHELE TUNG HUI QI

AUGUST 2011

SELAMAT HARI RAYA

SELAMAT HARI RAYA FROM RWY

ICCPR : International Convention on Civil & Political Rights

In recent times, Malaysia sees numerous comments and announcements made by Politicians and Leaders of Organisations which borders on insults and threats based on religious and racial lines. This is somewhat unfortunate and strongly discouraged.

What is more disturbing is the reliance by the makers of these insulting comments; on the Civil Liberty to Freedom of Speech, when making these unfortunate comments. 

The Federal Constitution allows and in fact guarantees the freedom of speech. Parliament has however curtailed that with the Sedition Act, which if a statement is defined to be seditious based on that Act, a person can be charged in Court. 

This is somewhat an unhealthy position of the Law.

The right to free speech ought to prevail at all times. However, the person relying on that right to free speech, must also be responsible. Sedition Act may be one way to control the kind of speech and comments a person can make, but the better way though is to educate the person and the people on respecting people. It would be ideal to educate the people that if one does not like to hear an adverse comment of himself/herself; that person ought not to the same to others. 

Also, freedom of speech by logic cannot mean to insult or to bully. It is incorrect to rely on the right of  freedom of speech to insult or to threaten another person. And it is also incorrect to gag the person by imposing the Sedition Act. 

Instead this Government, being an elected government of the people, by the mandate of the people should inspire the people and take responsible steps to ensure people are accountable and responsible when making careless and inconsiderate comments. 

The ICCPR, a Convention of the United Nations also recognises that people who incites hatred, can be taken action against. Article 19 mandates sanctions against people who incites hatred. So, even the progressive organisations like UN which heavily advocates human rights through its documents like the UNDHR acknowledges that the freedom of speech does not include the right to incite hatred. 

You may read more of ICCPR here. 

In time, we hope the Government of Malaysia will take the lead of appointing leaders who will make responsible comments and would not tacitly promote comments by irresponsible leaders of Organisations, which is calculated to incite hatred and division amongst the people.