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Free Malaysia Today
03-07-2025
- Politics
- Free Malaysia Today
Military retirees seek Federal Court appeal on pension adjustments
A group of retired members of the armed forces had posed two questions for the Federal Court to determine. PETALING JAYA : A group of retired members of the armed forces (ATM) has applied for leave to appeal to the Federal Court against a Court of Appeal's decision which ruled that there was no discrimination or constitutional breach in the matter of pension adjustments. According to The Edge, the group's lawyer Haniff Khatri Abdulla confirmed filing the application today. The group posed two legal questions for the apex court to determine: Whether the Guidelines for Implementing Amendments to ATM Service Conditions dated Jan 17, 2013, and the Implementation Letter on Improvements to the Minimum-Maximum Salary Schedule prevented future pension adjustments for ATM members who retired prior to Jan 1, 2013. If the first question is answered in the affirmative, whether the respondents have breached Article 5, and/or Article 8, and/or Article 147 of the Federal Constitution. On June 4, a three-member panel, chaired by Justice Hashim Hamzah, had allowed the appeal by the government, armed forces council, and two other parties and reversed the High Court decision that ruled there was discrimination against armed forces veterans concerning pension adjustments. Also on the bench were Justices Wong Kian Kheong and Ismail Brahim. In the summary judgment, Wong said the government's actions were based on reasonable distinctions and did not violate Article 8(1) of the Federal Constitution, which guarantees equality before the law. He said the distinction between retirees before Jan 1, 2013, and those after that date was legally valid, as it stemmed from the implementation of the two key government documents. Wong also said the documents aimed to enhance and standardise the pay structure of serving members, not discriminate against retirees. The government, prime minister, defence minister, and armed forces council had appealed a High Court decision in favour of 50 ATM retirees who sued over the pension adjustments for those who retired before Jan 1, 2013. On Feb 5 last year, judicial commissioner Suzana Said ruled that ATM retirees who left service before Jan 1, 2013, were entitled to receive pension adjustments based on the rates and methods applied to those who retired after that date.
Free Malaysia Today
25-06-2025
- Free Malaysia Today
Court of Appeal upholds headmaster's acquittal in child sex assault case
The Court of Appeal acquitted Zainuren Mohamed of sexual assault after holding that the rulings of the sessions court and High Court were premised on facts established at the trial. PUTRAJAYA : The Court of Appeal has upheld the acquittal of a former headmaster accused of sexually assaulting an 11-year-old pupil seven years ago, ruling that doubts expressed by the lower courts about the boy's version of events were well-founded. A three-judge panel led by Justice Hashim Hamzah, who sat with Justices Zaini Mazlan and Hayati Akmal Abdul Aziz, dismissed the prosecution's final appeal against a High Court ruling which had cleared Zainuren Mohamed, 58, of the charge. The judges agreed that there was no error in the lower courts' findings, where both the sessions and High Court judges had noted serious gaps and contradictions in the case. Zainuren, originally charged with four counts of assault involving boys aged 11 to 14, was only tried on one count after prosecutors dropped the three other charges in 2021. He was acquitted by the sessions court in 2022, a decision affirmed by the High Court in July 2023. His lawyer, E Gnanasegaran, said the Court of Appeal affirmed all the key points made in the earlier rulings. 'Our submission and the Court of Appeal's findings show that the trial court was right to find the boy's story not credible. This was later confirmed by the High Court. 'There were material gaps between the boy's and his mother's evidence, and the court rightly found that the two teachers who testified were also not credible,' he said. Gnanasegaran said the contradictions in testimony, including from the boy who later said that no assault had taken place, raised real doubts over whether the incident ever occurred. In its appeal, the prosecution argued that the trial judge was wrong to treat the inconsistencies as material, saying they stemmed from long cross-examinations. The appellate court disagreed, ruling that the trial judge had taken care to ensure that the boy could give evidence comfortably. 'There was no misdirection by either court and (their rulings) were well within the facts adduced in court. Hence, we dismiss this appeal,' Hashim said in his ruling. Audrey Wee also appeared for Zainuren while deputy public prosecutor Eyu Ghim Siang appeared for the prosecution.
Free Malaysia Today
23-06-2025
- Politics
- Free Malaysia Today
Court rules company director not entitled to get favourable statements
Sim Choo Thiam is facing four charges of soliciting and accepting bribes of RM15 million to secure projects from a home ministry agency. (Bernama pic) PUTRAJAYA : The Court of Appeal has ruled that the Malaysian Anti-Corruption Commission is not obliged by law to furnish a written statement containing facts favourable to a company director charged with receiving RM15 million in bribes to secure projects linked to the home ministry. A three-member bench led by Justice Hashim Hamzah said the High Court erred in ruling that Section 51A (1)(c) of the Criminal Procedure Code stands on the same legal footing as Section 51 of the same law. 'The High Court was wrong in compelling MACC to give two paragraphs of a written statement in favour of the accused to the defence,' he said, referring to Sim Choo Thiam, in the unanimous ruling which restored a sessions court ruling. Section 51 deals with summonses to produce documents or other things, while Section 51A(1)(c) states that the prosecution shall, before trial, deliver to the accused a written statement of facts favourable to the defence. Also on the panel hearing the appeal were Justices Azizul Azmi Adnan and Faizah Jamaludin. A case management will be held in the sessions court on June 30 to fix trial dates. Earlier today, deputy public prosecutor Farah Ezlin Yusop Khan submitted that the High Court ruling had usurped the role of the prosecution in determining whether there were statements in favour of Sim under Section 51A (1)(c) of the CPC. She said the prosecution would be prejudiced if the statements were provided before the trial. 'It amounts to conceding the case, and the defence will only have to tender the statements in court and would not need to cross-examine the investigating officer,' she said. Lawyer Hisyam Teh Poh Teik said the law obliged the prosecution to provide an accused person with exculpatory statements for the benefit of their defence. 'There must be an honest pre-trial disclosure,' he said. Last year, the High Court in Kuala Lumpur allowed Sim's revision application to compel MACC to furnish a fresh written statement of facts favouring his defence. Sim, 55, is facing four charges of soliciting and accepting bribes of RM15 million to secure projects from a home ministry agency. According to him,, the fact in favour of the defence is that he was charged in court before MACC recorded a statement from former home minister Hamzah Zainudin, whose name was mentioned in Sim's charges. Sim also claimed that his cautioned statements, recorded by MACC on Feb 16 and 28, 2023, did not support the alleged corruption charges against him. In his ruling, Justice K Muniandy directed MACC to furnish the statement, after finding there were favourable facts to be disclosed by the prosecution to the accused before trial to ensure his right to a fair trial. Sim had filed the revision application in the sessions court on July 4, 2023, claiming he was entitled to the statement under Section 51A of the CPC. Judge Rozina Ayob dismissed his application two months later. On May 10, 2023, Sim was charged with soliciting a RM15 million bribe from Hep Kim Hong, the managing director of Asia Coding Centre Sdn Bhd, through Syed Abu Zafran Syed Ahmad, as an inducement for Hamzah to award projects to the company. He was also charged with three counts of accepting RM15 million in bribes from the same individual as an inducement for Hamzah to award other projects on a similar basis. The offences are alleged to have been committed at the Shaas Holdings office and a parking lot at Solaris Dutamas, Jalan Dutamas 1 here between June and July 2021. The charges were framed under Section 16(a)(B) of the MACC Act 2009, punishable under Section 24(1) of the same Act, carrying a maximum imprisonment of 20 years and a fine of at least five times the value of the bribe or RM10,000, whichever is higher, upon conviction. Lawyers Low Wei Loke and Kee Wei Lon also represented Sim, while deputy public prosecutors Asraf Tahir, Qistini Qamarul Abrar and Ifa Sirhu Samsudin assisted Farah.
Free Malaysia Today
04-06-2025
- Business
- Free Malaysia Today
Govt, 3 others allowed to appeal over pension adjustment for military retirees
The government, prime minister, defence minister and armed forces council had appealed a High Court decision in favour of 50 ATM retirees who sued over the pension adjustment for those who retired before Jan 1, 2013. PETALING JAYA : The Court of Appeal has ruled that there was no discrimination or constitutional breach in the matter of pension adjustments for retired members of the armed forces (ATM). The unanimous decision by a three-member panel chaired by Justice Hashim Hamzah allows the government, armed forces council, and two other parties to proceed with their appeal. Also on the bench were Justices Wong Kian Kheong and Ismail Brahim, Berita Harian reported. In the summary judgment, Wong said the government's actions were based on reasonable distinctions and did not violate Article 8(1) of the Federal Constitution, which guarantees equality before the law. 'The distinction between retirees before Jan 1, 2013 and those after that date is legally valid, as it stems from the implementation of two key government documents,' he said. The documents in question are the Guidelines for Implementing Amendments to ATM Service Conditions dated Jan 17, 2013, and the Implementation Letter on Improvements to the Minimum-Maximum Salary Schedule. 'Both documents are not pension adjustment mechanisms for retirees, but amendments to service terms for serving ATM personnel. 'Their objective is to enhance and standardise the pay structure of serving members, not to discriminate against retirees. 'In this case, there is no unequal treatment between pre-2013 and post-2013 retirees, as pension adjustments were also not given to the latter group,' he said. Wong said a clear and reasonable classification exists between the two groups of retirees, with a direct connection to the policy's objective. 'The judicial question was wrongly decided in law when it concluded that unconstitutional discrimination existed. The government's decision is reasonable,' he said. Following the decision, the court allowed the government's appeal and overturned an earlier ruling in favour of the retirees. Outside the courtroom, lawyer Haniff Khatri Abdulla said his team would study the written judgment before deciding on the next course of action. 'In this case, the next level is the Federal Court. But to proceed, we must file and obtain leave to appeal,' he said. The government, prime minister, defence minister, and armed forces council had appealed a High Court decision in favour of 50 ATM retirees who sued over the pension adjustment for those who retired before Jan 1, 2013. On Feb 5 last year, judicial commissioner Suzana Said ruled that ATM retirees who left service before Jan 1, 2013 were entitled to receive pension adjustments based on the rates and methods applied to those who retired after that date.
Malay Mail
04-06-2025
- Business
- Malay Mail
Retired MAF personnel lose pension adjustment appeal as Court of Appeal rules in government's favour
PUTRAJAYA, June 4 — The Court of Appeal today allowed the appeal by the government and three others to overturn a High Court's ruling that had previously favoured 50 retired Malaysian Armed Forces (MAF) personnel in a pension adjustment dispute. In a unanimous decision, the three-member panel chaired by Justice Datuk Hashim Hamzah ruled that the military personnel failed to prove that the Malaysian Government, the Prime Minister, the Defence Minister and the Malaysian Armed Forces Council had breached the provisions under the Federal Constitution. 'We find there is merit in the defendants' appeal that warranted appellate intervention,' said Hashim, who sat with Justices Datuk Wong Kian Kheong and Datuk Ismail Brahim. The judge said the defendants cannot be said to be breaching Article 147 of the Federal Constitution as they have not placed the plaintiffs in a less favourable position. The court allowed the appeal with no orders as to legal costs. Wong, who wrote a supporting judgment, said two documents namely Garis Panduan Pelaksanaan Pindaan Syarat-Syarat Perkhidmatan ATM dated January 17, 2013, and Surat Pelaksanaan Kesetaraan Pangkat dan Penambahbaikan Jadual Gaji Minimum Maksimum bagi Perkhidmatan ATM di bawah SSM dated March 14, 2013, were not salary adjustment but were amendments to the terms of service for serving members of the MAF. He said that the objective is to improve the salary scheme for serving members and not to discriminate against retirees who retired before January 1, 2013. Wong also said that there was no unequal treatment between pensioners who retired before January 1 and those who retired after January 1, 2013, as pension adjustments were not made for retirees after January 1 that year. On February 5 last year, the High Court ruled that all military personnel who retired before January 1, 2013, are entitled to have their pensions adjusted to the rates and methods applied to the retirees who retired after January 1, 2013. The 50 military personnels of various ranks filed an originating summons in the High Court on November 17, 2022, seeking a declaration that the government had violated the provisions in Federal Constitution read together with Section 187 of the MAF Act 1972 for their respective failures to implement new pension adjustments for the MAF retirees who retired before January 1, 2013. They claimed that the government's failures to implement the pension adjustments had caused a significant pension gap between the MAF retirees who retired before January 1 and those who retired after January 1, 2013. In today's proceedings, Federal Counsel M. Kogilambigai appeared for the government while lawyer Mohamed Haniff Khatri Abdulla represented the retired personnel. After the court proceeding, Haniff Khatri told reporters that he would study the court's grounds of judgment before deciding whether to bring the matter up to the Federal Court. — Bernama
