Latest news with #NalliniPathmanathan
The Star
10-07-2025
- Business
- The Star
Govt establishes Malaysia Maritime Law Revision and Reform Committee
PUTRAJAYA: The government, through the Transport Ministry, has officially established the Malaysia Maritime Law Revision and Reform Committee (MLRRC). In a statement on Thursday (July 10), the ministry said the committee is chaired by Federal Court judge Tan Sri Nallini Pathmanathan, while High Court of Malaya (Admiralty) judge Ong Chee Kwan serves as deputy chairperson. The presentation ceremony of appointment letters to the MLRRC members was officiated by Transport Minister Anthony Loke, marking the official commencement of collective and phased efforts to review and reform the country's maritime laws. "The establishment of the MLRRC committee is a strategic step to strengthen the legal landscape of the country's maritime sector in line with the Prime Minister's mandate through the Initiative 10: Legal and Institutional Reforms in the presentation of Budget 2025," read the statement. The ministry announced that the establishment of this committee reflects the government's commitment to building a modern, progressive, and responsive national maritime legal system to keep pace with the increasingly complex maritime landscape of global maritime trade. "Malaysia, as a trading nation that heavily relies on the shipping and port sectors where 94.6% of the country's trade is conducted via sea, the country requires maritime laws that are efficient, relevant, and aligned with international best practices," said the statement. The MLRRC Committee will conduct a phased review process, reforming and drafting maritime laws, taking into account the magnitude and complexity of the work for each legislative instrument involved. At the same time, this committee is also mandated to review and recommend improvements to maritime laws under the jurisdiction of the ministry and other agencies, considering that the country's maritime legal system is polycentric. The first phase of the MLRRC Committee's assignment will focus on six main legislative instruments, namely the Merchant Shipping Ordinance 1952, Merchant Shipping Ordinance 1960 (Sabah) and the Merchant Shipping Ordinance 1960 (Sarawak). Other instruments include the Penang Port Commission Act 1955, the Port Authorities Act 1963 and the Port (Privatisation) Act 1990. Meanwhile, the ministry said that the MLRRC membership consists of 23 permanent members comprising representatives from ministries or departments, the Sabah and Sarawak state governments, legal practitioners, academics, enforcement agencies, industry representatives as well as former senior government officials. To strengthen technical expertise, eight ad hoc experts have also been appointed, covering the fields of shipping, port operations, maritime training and international shipping law. "The implementation of this legal review and renewal will be carried out in stages until next year, in line with the National Transport Policy and supporting the National Maritime Legal Reform agenda towards a more sustainable, inclusive and dynamic system. "The ministry remains committed to continuously strengthening governance and the maritime legal framework to ensure the competitiveness of the national shipping industry at the regional and global levels," added the statement. – Bernama
The Sun
10-07-2025
- Business
- The Sun
Malaysia forms maritime law reform committee to modernise shipping sector
PUTRAJAYA: The Ministry of Transport (MOT) has officially launched the Malaysia Maritime Law Revision and Reform Committee (MLRRC) to modernise the country's maritime legal framework. Chaired by Federal Court judge Tan Sri Nallini Pathmanathan, the committee will oversee reforms to align Malaysia's shipping laws with international standards. Transport Minister Anthony Loke presented appointment letters to committee members, marking the start of a phased review process. The initiative supports Budget 2025's legal and institutional reforms, aiming to enhance Malaysia's maritime trade competitiveness. Malaysia relies heavily on sea trade, with 94.6 per cent of its commerce conducted via shipping. The MLRRC will focus on updating key legislation, including the Merchant Shipping Ordinances of 1952 and 1960, as well as port-related acts. The committee includes 23 permanent members from government agencies, legal experts, and industry representatives. Eight ad hoc specialists in shipping, port operations, and international maritime law will provide technical support. 'The reforms will ensure Malaysia's maritime laws remain efficient and relevant,' the MOT stated. The review process is expected to continue into next year, supporting the National Transport Policy and sustainable maritime development. – Bernama
The Star
08-07-2025
- The Star
Man fails final appeal against 35-year sentence for 2012 murder of cleaner
PUTRAJAYA: A 42-year-old man today failed in his final appeal to overturn his conviction and sentence of 35 years' imprisonment and 12 strokes of the cane for the 2012 murder of an Indonesian domestic cleaner, whom he had accused of speaking ill of him. A three-member panel of the Federal Court comprising Justices Tan Sri Nallini Pathmanathan, Datuk Rhodzariah Bujang and Datuk Hanipah Farikullah on Tuesday (July 8), unanimously dismissed the appeal by Khairul Azizi Abdul Jalil, upholding the decisions of both the High Court and Court of Appeal. Delivering the judgment, Justice Nallini held that the prosecution was lawfully entitled to adduce psychiatric evidence in the course of establishing a prima facie case, and not solely in rebuttal, where such evidence was necessary and relevant to establishing the elements of the offence. She further ruled that no miscarriage of justice had occurred, particularly as the prosecution had called Dr Ian Lloyd Anthony, a Special Forensic Psychiatrist, whose evidence was properly admitted. She added that the appellant had failed to establish the defence of insanity on a balance of probabilities. Upon a comprehensive assessment of the evidence, the Court found the conviction to be safe and held that the appellant had been afforded full opportunity to present his defence without any procedural unfairness. Khairul Azizi, who was managing his father's homestay before his arrest, was convicted and sentenced to death by the Ipoh High Court in December 2022 for the murder of Aidah Tursinawati, 43, at a house in Kampung Tersusun Tasek, Ipoh, Perak, at approximately 3.25 pm on Oct 9, 2017. High Court Judge Su Tiang Joo held that Khairul Azizi had failed to discharge the burden of proving, on a balance of probabilities, that he was of unsound mind and incapable of understanding the nature of his act at the material time. In June last year, the Court of Appeal upheld the conviction but allowed the appeal against the sentence, commuting the death penalty to 35 years' imprisonment and 12 strokes of the cane. Subsequently, Khairul Azizi appealed to the Federal Court seeking an acquittal. A central issue in the appeal concerned the admissibility of psychiatric evidence adduced by the prosecution during its case-in-chief. The prosecution had called Dr Ian to testify as to the appellant's mental condition before the defence formally raised insanity. Khairul Azizi had raised the defence of insanity at an early stage of the investigation and was referred to Hospital Bahagia Ulu Kinta for psychiatric evaluation under a Magistrate's order. A 2018 medical report by a senior consultant forensic psychiatrist concluded that he was suffering from schizophrenia and was of unsound mind at the time of the offence. However, pursuant to a subsequent evaluation ordered by the High Court, the prosecution tendered a certificate dated Feb 19, 2019, issued by the Medical Director of Hospital Bahagia, which was accompanied by a report from Dr Ian, who concluded that Khairul Azizi was of sound mind and fit to plead. Confronted with two conflicting psychiatric assessments regarding the appellant's mental state at the material time, the trial judge accepted Dr Ian's expert opinion and rejected the defence of insanity. Defence counsel Mohd Fitri Asmuni contended that it was procedurally irregular for the prosecution to adduce psychiatric evidence during its case-in-chief, arguing that the burden of establishing insanity rests with the defence and that rebuttal evidence should only be led after the defence closes its case. The prosecution, however, countered that there is no legal bar preventing the prosecution from calling a psychiatrist during its case-in-chief where the mental condition of the accused is directly relevant to the elements of the charge. At Tuesday's hearing, the prosecution was represented by deputy public prosecutors Muhamad Iskandar Ahmad, Tengku Shahrizam Tuan Lah, Ng Siew Wee and Mohd Arif Aizuddin Masrom. – Bernama
The Sun
03-07-2025
- Health
- The Sun
Federal court grants RM50k bail to businessmen in organised crime case
PUTRAJAYA: The Federal Court has approved bail of RM50,000 each for two businessmen facing charges of involvement in an organised crime group, pending their trial. A three-member panel, led by Federal Court judge Tan Sri Nallini Pathmanathan, delivered the decision in a 2-1 majority ruling. The court imposed strict conditions, requiring the accused to wear electronic monitoring devices and remain within their home compounds. They must also seek police permission before leaving their residences and report to the nearest police station biweekly. Exceptions were made for hospital visits related to their medical conditions. Justice Nallini noted that the bail approval was primarily due to the defendants' health issues and the prison system's inability to provide adequate medical care. S. Hemanathan, 31, uses a wheelchair and suffers from diabetes, hypertension, and high cholesterol, while N. Nithiyan, 39, has ischemic heart disease and other cardiovascular risks. Defence counsel Datuk Rajpal Singh argued that inconsistent prison treatment could worsen their conditions, potentially leading to life-threatening complications. Deputy Public Prosecutor Ng Siew Wee countered that both men had received necessary medical attention and their conditions were stable. The duo was charged in May 2023 under Section 130V of the Penal Code, linked to their alleged involvement in 'Geng TR' at a seafood restaurant in Jeram, Selangor. Their case was transferred to the High Court last August, with the trial scheduled for October 2025. - Bernama
Free Malaysia Today
01-07-2025
- Politics
- Free Malaysia Today
No regrets, says retiring CJ Tengku Maimun
Chief Justice Tengku Maimun Tuan Mat reaches the mandatory retirement age of 66 tomorrow, with today being her last day in office. (Bernama pic) PUTRAJAYA : Outgoing Chief Justice Tengku Maimun Tuan Mat says she does not have any regret about her time served in the post or unhappiness over her tenure not being extended. Speaking to the media at the main lobby of the Palace of Justice on her last day today, Tengku Maimun said it had been a great privilege and honour to serve as the 16th chief justice of the Malaysian judiciary. 'No regrets. The fact that my tenure as chief justice has not been extended for another six months, that's also no issue. Six months is insignificant compared with the six years (served in the post),' she said. Tengku Maimun reaches the mandatory retirement age of 66 tomorrow, with today being her last day in office. She became the first woman to helm the judiciary when she was appointed chief justice in 2019. Her expected successor, Court of Appeal president Abang Iskandar Abang Hashim, is due to retire just a day later, while Federal Court judge Nallini Pathmanathan will retire in August. Their retirement has been the centre of heated discussion lately, with the Malaysian Bar saying yesterday that it was deeply concerned over the lack of a formally announced successor to Tengku Maimun. Prime Minister Anwar Ibrahim also said yesterday that extensions to the service of top judges must follow the procedures set out in the Federal Constitution. He said the apparent campaign to pressure the government to either extend or end specific tenures could politicise institutions meant to remain independent. Tengku Maimun said she hoped that her successor would continue her legacy. 'Going by the responses I have received from the public, especially in these last few months, and the speeches this morning from lawyers in court at my last sitting, I think I have been able to restore public confidence in the judiciary to an extent. 'My hope is that this legacy will be continued by whoever succeeds me,' she said.
