CAPITAL PUNISHMENT IN MALAYSIA – DEATH PENALTY       The Death Penalty is immoral and hypocritical. The late and great Indian leader, Mahatma Gandhi, once said, “An eye for an eye will make the whole world blind.” There is no arguing that crimes associated with the death penalty–such as premeditated murder–are reprehensible. However, if we are to agree that taking the life of another human being can be categorized as the upmost heinous of acts, how can we justify treating such a crime with a punishment that mirrors the very thing we so adamantly condemn? It is because of this that support of the death penalty can be deemed as moral hypocrisy. Despite the moral hypocrisy of death penalty, Malaysia still retains capital punishment and Malaysia is one of the 32 countries that still provides for death penalty. The hypocrisy of the governments who still retain the death penalty could also be seen when their citizens were sentenced to death for crimes committed in foreign countries – they condemn or plead to the country concern to commute the sentence. In Malaysia, death penalty is a mandatory punishment for murder, drug trafficking, treason, and waging war against Yang Di-Pertuan Agong (the King). In 2003 the Penal Code […] read more


The truth is, no matter how smart or well educated you are, the criminal justice system makes it virtually impossible to do a competent job of representing yourself. Each criminal case is unique, and only a specialist criminal lawyer who is experienced in assessing the particulars of a case—and in dealing with the many variables that come up in every case—can provide the type of representation that every criminal defendant needs to receive if justice is to be done. Having said that, the choice is yours and it is your right to decide whether or not you wish to have the services of a lawyer to defend you. Under the law, no one could obstruct you to be represented by a lawyer. Your right to be represented by a lawyer of your choice starts from the time you are put under arrest. Instead of having service of a lawyer only, you are also allowed to assemble a team of lawyers to defend you, if you wish and have the resources to do so. Once you are arrested for a serious crime, most often than not, the arresting officer may wish to detain you. You may be detained exceeding 24 hours […] read more

Why You Need To Retain Lawyers in your Business?

The reasons for hiring a lawyer to advise you the legal aspects of your business are apparent. A skilful lawyer will provide your company with all vital assistance your business may need from copyright and trademark advice to formal incorporation of your business. Your lawyer can also advise you of possible lawsuits and liabilities your company is facing in your business. Don’t wait until being sued and then get a lawyer. Matters will be very complicated by then and it can be very costly after being sued. You need to remember that it is easy to get into court, but, very difficult to get out of court once you are entangled with legal problems affecting your business. You may need to know on how to hire or retain a lawyer on monthly or annual basis to keep your company out of trouble. It is not expensive to retain a lawyer that way, but, it will be a very expensive affair once you are in court. Whether your company is big or small, it doesn’t matter, but, the larger you company is, the more problems your company will face. You may need lawyers to advise you on your company’s lawsuits, to […] read more


An article by Mr. Voon Lee Shan, a Senior Legal Practitioner. Introduction It is not easy to defend clients facing charges for possession of uncustomed goods, especially, if the goods involved were uncustomed beers and cigarettes. This is because the prosecution’s burden of proof is aided by presumption clauses in the Customs Act. Once client is found in possession of suspected uncustomed goods the burden shifts to the client to prove that customs duties had been paid for the goods. Further, documentary evidence signed by the analyst purporting to be a certificate made under the hand of an analyst shall, on production thereof by the prosecutor, be sufficient evidence of the facts stated therein. In this article, let us concentrate on cases of uncustomed beers and cigarettes – because such cases are more common and difficult to defend. Power of Investigation Customs officers’ power to conduct investigation, arrest and seizure of uncustomed goods and persons are derived from the Customs Act itself. However, where no provisions are provided, the powers of investigation are supplemented by the Criminal Procedure Code. Once the client is put under arrest, the client can be searched and be brought to the police station or be […] read more

How much legal fees would I be charged?

How Lawyers Charge Fee? Most often than not when a client walks into a lawyer’s office he would first of all ask the lawyer how much he should pay the lawyer for a certain work to be done even without first giving an opportunity for the lawyer to assess the legal problem the client was facing. A lawyer may not be able to off-hand quote a fee without a proper understanding of the legal problem that the client is facing. Therefore, a lawyer will not be able to quote a proper fee when client ask by phone. The best thing is to see the lawyer personally and shopping around by phone for lawyers will not do justice to the client and lawyer. Before quoting a fee for a particular work asked by the client the lawyer has to consider a number of factors such as: (1)            The nature of legal problem the client is facing, whether it is about debt matters, personal injury claims, land disputes, hire –purchase, criminal charges etc., (2)            The value of the matter in dispute; (3)            The length of time needed and effort taken to resolve the legal problem faced by the client; (4)            Whether there […] read more

How Bad Lawyering Can Result in wrongful Convictions

While the Constitution guarantees an accused person the right to be defended by a lawyer in a criminal case, there is no guarantee that the lawyer will be effective, thorough and competent. The majority of accused persons, especially those charged with very serious crimes, such as murder and drugs trafficking coming up with tens of thousands of ringgit necessary to hire a well known competent lawyer is simply out of reach. For those who are facing capital punishment, they will then be left with court appointed lawyers whose competency and workload varies widely. These appointed lawyers may not have the competency and experience to handle serious crime cases and accused persons can be left with an almost overburdened and poorly paid, often inexperienced and sometimes incompetent lawyers. Some experienced lawyers may be appointed but, may at times due to overload of work not be performing well because of the poor fee he may receive from the government. As a result, accused persons may run the risk of wrong convictions.  At times, an accused person may be persuaded by his incompetent lawyer to plead guilty in the hope of getting a lighter sentence. What will happen in such a case is […] read more