Tiara Katrina Fuad
@TiaraKay
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Criminal Litigation Lawyer | Partner, White Collar Crime at Lee Hishammuddin Allen & Gledhill | Sabahan. Views my own.
Joined October 2015
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That Time I Learned the Importance of Being Proactive:
The client was charged with drug trafficking. He had been arrested at KLIA after the police found packets of dangerous drugs hidden in the compartments of 2 luggage bags.
Our defence was the defence of innocent carrier.
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Once, I was waiting for my cousin at a McDonalds in Centre Point, KK. A middle aged man approached me and started asking a lot of questions. I lied and said my entire family was waiting for me upstairs. I left my food, and he started following me.
Sedih rasa reading about women putting on a wedding band to avoid harassment. Men, we gotta do better. Be better.
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We can defend Sam Ke Ting without having to viscously attack the parents. They’ve been through enough, and we know nothing about their circumstances.
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I was walking to a nearby Petronas earlier tonight 3 mins away. It is generally a crowded, well-lit area. There was a car parked next to the ditch I had to cross and inside sat an older man with his windows rolled down talking to a younger guy. The older man called me over.
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The fact that JAWI and PDRM detained EVERYONE at that event to find the Muslims who cross-dress *on Halloween* is already sufficiently appalling (the law does not apply to Non-Muslims).
But let's also talk about the constitutionality of laws criminalizing cross-dressing.
JUST IN: PDRM and JAWI raided a Halloween event at REXKL on Saturday (October 29) night.
Several drag queens and transgender people are reported to have been detained by Jawi for investigations.
📸: Twitter/tnahssin, NumanAfifi
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What is a "Minority Government"?
It's where a party or coalition forms the government without obtaining a majority in Parliament.
Minority Governments tend to be a lot less stable than Majority Governments. Why?
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In case you didn’t know, intent to cause death is NOT the only fault element available for murder.
Here is a list of those other fault elements that can support a conviction under section 300 read together with 302 of the Penal Code.
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MENTAL HEALTH IN THE CRIMINAL JUSTICE SYSTEM (PART I)
I decided long ago that I would not defend cases involving sexual offences save in exceptional circumstances. X, an elderly man charged with sexually molesting a child, was one such exception. This is his story.
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I tell this story because it is my personal every day reminder that being able to fight for those who cannot fight for themselves is a privilege I should never, ever take for granted. And I hope I never do.
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Ten years ago, my university organized a trip to visit the KL Court Complex. It was my first time there. We sauntered in and out of various Court rooms watching lawyers argue, and when we came out and took this photo, I said to myself, "One day, I'm going to do that too."
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The problem with the content in these screenshots is the implication that corroboration is necessary in rape trials, the types of evidence cited as capable of constituting corroboration & the choice of words used.
Here's a more comprehensive view of the law on rape in Malaysia.
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Angry because who wants to live like this? Who wants to have life-threatening fears whilst just going to get some groceries? Who wants to have to spend that much energy thinking about how to escape if someone grabs you from behind or what things on hand you can turn into weapons?
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Here are my slides for the presentation on “Sexual Harassment: Protections in Criminal Law” if you’re interested. Drafted this for a non-legally trained audience with the hope of addressing misconceptions/ignorance about existing statutory penal provisions.
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To the man who saw me struggling to get my elderly mum in the car in the midst of the pouring rain, thank you for shielding her with your umbrella and helping me hold her through the uneven pavement.
Your act of kindness made our day.
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The Court of Appeal just ruled that when an accused is brought before the Magistrates’ Court for an offence triable in the High Court, the Magistrate MUST transmit the case to the High Court immediately, even without the production of the written consent by the Public Prosecutor.
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Any death in police custody is cause for serious concern, justifying urgent action & change. To have 2 deaths occurring within the span of a few months in the same police station is cause for shame. Establish an IPCMC, an RCI and commit to never letting this happen ever again.
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This case is going to raise important questions about the nature and scope of section 154 of the Criminal Procedure Code, a section I spent much of the early years of my career examining and testing in Court. Here is an overview on the relevant laws.
Muhyiddin Yassin has succeeded in his bid to quash his four abuse of power charges linked to the Jana Wibawa programme.
The judge said the charges did not reveal sufficient particulars on the alleged offence under the MACC Act 2009.
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Every time a charge is withdrawn against a high profile individual, questions abound re the scope of the AG's powers, discharges amounting/not amounting to an acquittal, the wider issue of criminal justice.
Here are some things we ought to always have in the back of our minds.
Prosecution applies for DNAA against Zahid in Yayasan Akalbudi trial, defence demands acquittal
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My mother loves to cook. I, for personal and safety reasons, do not. Neither compromises feminist values. The test shouldn’t be whether or not a thing is traditionally done by women. It should be whether or not the woman is afforded the right and opportunity to choose either way.
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No one, not even the police, can force a complainant to withdraw a police report. Don’t be too easily discouraged by threats of being charged for filing a false PR either. Absence of corroborative evidence is not positive evidence that the claim is false. Big difference.
UPDATE: polis request untuk tarik balik report sbb tak cukup bukti. but my friend insisted to keep the report and will take actions against Tamarind’s management.
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And you can start by just taking these small steps:
1. Avoid running up to a woman from behind especially if she is alone at night.
2. If communication is actually necessary, leave some physical distance between you and announce yourself and your intentions.
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This story is about people like this client. An innocent man no one believed, which cost him years of his life. It’s about the structural problems in our system that permit shoddy investigations to have life-altering consequences.
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PSA:
@GrabMY
will deduct the cost of your ride as soon as you book it. Then if the driver cancels, you are charged AGAIN for the automatic reassignment of another driver. There have been occasions where I wasn’t refunded. Please make sure to check your bank acc if this happens.
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For being in Malaysia with an expired passport, even though HIS PASSPORT EXPIRED AND HE WAS STILL HERE BECAUSE HE WAS IN PRISON. I wish the public knew how often this happens. And why. But that’s a story for another day.
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It’s official! Today marks the beginning of a new, challenging and exciting chapter for my professional career as the newly admitted Partner at Lee Hishammuddin Allen & Gledhill leading the White Collar Crime Practice Group.
Momma, this is for you ❤️
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Who wants to feel that unsafe? No one. Not one person would choose this, and yet it happens to too many of us. It is E X H A U S T I N G having to keep your guard up all the time. So please, I beg you, do your part to create safe spaces for women to exist.
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3. The best place to approach a woman is in a well-lit, crowded area, and to always do so respectfully.
4. "No" means "no". It is not an offer to negotiate nor is it an invitation to get in her face. Shoot your shot if you must, but have the humility to walk away if turned down.
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If you’re a criminal practitioner and have clients charged for an offence triable in the High Court, please look at the Court of Appeal case of Marwan bin Ismail [2008] 3 MLJ 51 (if you haven’t already) to get the case transferred without having to wait for PP’s consent.
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The students *were* charged with murder under section 302 of the Penal Code. However, the High Court Judge held that the evidence only supported a conviction for culpable homicide not amounting to murder.
To understand why, will have to wait for the GOJ.
Can any lawyers on Twitter enlighten me on this? Why was this not charged as a first degree murder?
I know in murder charges, prosecutors need to establish a motive. Was there not on in this case?
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This is incredibly concerning. It tells me (i) the authorities seemingly believe the drugs were consumed in Thailand but (ii) police resources are being expended anyway to "prevent Malaysians from consuming cannabis" there.
This is the very definition of executive overreach.
Five charged in Perlis after testing positive for cannabis at Thai border
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We can't have it both ways. We cannot fight for the separation of the office of the AG/PP to create further distance from the Executive when it comes to prosecutions, yet simultaneously demand the Executive be held accountable for decisions independently made by the AG.
Precedent yang jelas.
Selepas ini apabila kes rasuah digugurkan satu per satu, Peguam Negara-Lantikan PM akan dijadikan perisai utama.
My worry is that future governments will use this precedent set by a so called reform-led Gov.
If he can, so can future PMs.
Time will tell.
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5. Finally, for all things good, do NOT try to grab a woman's attention by honking your horn whilst she is right in front of your car. It is an intimidating, bullying tactic that will only serve to trigger a "fight or flight" response and get her adrenaline pumping.
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I remember walking around that stall no less than 6 times trying to lose this guy. Eventually I managed to step out and hide behind a security guard. He was frantically looking for me. My heart raced the entire time.
I was around 14 years old.
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And it’s about doing the nitty, gritty hard work, going that extra mile and actively asking questions instead of passively accepting statements when you believe in something strongly enough.
In instances such as these, it could literally save someone’s life.
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Assuming these version of events are true, it doesn’t save them from anything. End of the day, the revocation was not gazetted and this press statement does not dispute that.
No gazette = No revocation.
Kenyataan Media Pejabat Perdana Menteri - 29 Julai 2021
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My maternal grandfather was Chinese. My mother’s last name was Lee. I was raised by family who are of Bajau, Kadazan and Suluk descent. My veins runs blood from both the East and West.
This land does NOT belong to just one race. Any leader who forgets that does not speak for me.
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General tip on structure for law-related CVs I learned at pupillage fairs:
1. Why are you interested in that field?
2. Why are you interested in that firm?
3. Why are you a good fit?
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So after being held in prison pending the disposal of his trial for around 6 years because of a stupid provision mandatorily denying bail, losing his freedom, his father, valuable time with his elderly mother, our client was finally, finally acquitted of the offence.
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This statement by the Attorney General is manifestly inadequate, misleading and completely misses the point. First, let’s be clear the Court held there were “cogent reasons” to enter a DNAA instead of a discharge and acquittal, NOT that there were “cogent reasons” for withdrawal.
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The dignity of the legal profession is more damaged by cavalier attitudes towards people's livelihoods than young pupils seeking min. wage for a full-time job. There is nothing noble about putting pretentious symbolism above adequately valuing human capital.
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Your mind races in these moments. "There is a cop car in front of the store, do I ask for their help just to be safe?" "Am I overreacting?" "Is there another route I can take to walk home?" "What do I do if he follows me?" "What can I use to protect myself?"
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This is what happens when you confuse what needs to be proved and how that thing is to be proved.
Go back to what the offence criminalizes.
Police conducted random tests on individuals who returned to Malaysia via the border entry points in Perlis.
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And I promise you, I am far from being the only one.
If you felt tired reading this list of incidents, imagine how those who are constantly harassed, abused and assaulted feel having to deal with the same behaviour over and over again.
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During a moot competition I helped organize, YA Mary Lim asked the participants a number of pointed, difficult questions. During the feedback stage, she said something along the lines of “I know I can be tough, but I make no apologies for that.”
I think about that moment often.
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In the simplest terms:
If drugs were consumed in Malaysia = Malaysian Courts have jurisdiction
If drugs were consumed outside Malaysia = Malaysian Courts do not have jurisdiction
It does not matter, in the 2nd case, if you test positive in Malaysia. Still no jurisdiction.
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I promise you, these incidents encompass acts done at night and during broad daylight, when I was alone and when I was with friends, when I politely refused and when I more aggressively stood my ground.
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I cannot describe what it’s like to have your heart filled with so much joy you could cry, only for that joy to be cut short the very next moment when Immigration Officers arrested our client immediately after the High Court Judge pronounced the order of acquittal. And for what?
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I may be physically safe now, but too often, I do not necessarily feel safe. This was just one incident out of a few in recent months. I hope the women who come after me never have to live this way. And I hope we're all actively doing out part to making that happen.
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Did You Know:
The Dangerous Drugs Act 1952 does not distinguish between the types of drugs listed in the 1st Schedule when it comes to sentencing for a trafficking offence.
Compare with the US (Schedule 1-5 drugs) and the UK (Class A-C drugs).
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Facilitated a two-hour workshop on “Navigating the Criminal Justice System: The Investigative Stage” today.
Had the participants resist a hypothetical remand about an allegedly stolen scarf the complainant left at their sister’s house, which was fun!
IYKYK 🧣
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Many are right to point out that coerced consent should not be recognized as consent at all, but the anger should primarily be directed at the way in which the Penal Code is phrased, since this is the source of the wording. Let's break down how it works.
Mohd Maliki Azmi allegedly raped the 16-year-old girl with her consent, when the consent was obtained by using his position of authority over her, in the IO’s room at the Yan district police headquarters, Kedah, about 6.30pm on December 28, 2022.
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Yesterday was difficult, for all of us on the defence and more so for our client and his family. But we find comfort in the knowledge that it’s not over until it’s over. The fight continues.
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In an attempt to neutralize the backlash received about some of the proposed citizenship laws, the Home Minister is quoted as saying, "Approval for each application is about 98 percent. So where are they being denied citizenship?"
Not the point.
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I told myself, "If he really is headed towards me, I need to have an escape plan. I cannot let myself get trapped." With every step my eyes flitted towards all the roads I could run toward if the worst happened. I called my brother to meet me. He did. I am home safe, but angry.
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“Everything Everywhere All At Once” actually would’ve been the perfect title for a movie about litigation lawyers.
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Imagine the trauma that is felt after having gone through that and being told, in many instances, “no harm done” because you managed to escape or say “no”.
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Anyone can file a police report about these comments and make a complaint to MCMC. I hope people do so in droves, especially if you know where these comments can be found.
the comment section after Sajat expressed her intention to convert out of islam.
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The Anti-Sexual Harassment Bill 2021 was tabled for its first reading in the Dewan Rakyat today.
Here are some of the Bill's salient features.
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If anyone, be it lawyers, women’s rights activists or high profile individuals, has a problem comprehending the concept of conditional consent with regards to sexual offences, please feel free to DM me anytime. I’d be more than happy to explain, with authorities.
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So I just found out the e-filing system includes weekends in its calculation for any deadlines, and will now block parties from filing appellate cause papers short of the 14 day deadline, even if the filing date falls on a Sunday.
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When I first noticed, I walked really fast and abruptly decided to stop. He walked too fast and so stopped right in front of me. When I turned, he turned and tailed me again. I decided to go to this crowded area that allowed me to walk in circles.
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We need to increase our efforts to create norms around respectful ways of behaving around women. We need to teach that in every and all institutions. And we need to have the courage to defend these lines of propriety against those who would trivialize its importance.
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That feeling of entitlement is the underlying problem. That is what is meant by “rape culture”. That is what we need to come together to address.
And in order to do that, the first necessary step is to stop placing the burden on survivors not to be harassed, abused, assaulted.
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The purpose of a remand application is to facilitate investigations where this cannot be achieved any other way. It always frustrates me when these are granted purely to record s. 112 statements. Police have the power to compel persons to attend W/HOUT needing to detain.
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Not every investigation requires an arrest. And not every complaint requires an investigation.
1. Two 18-year-olds have been arrested over a viral video of a student expressing his dissatisfaction over this year's SPM history paper.
Hulu Selangor police chief Suffian Abdullah says the arrests were made after a 53-year-old teacher made a police report.
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So long as we persist with the narrative that a woman can “just say no”, that she can adjust her way of dressing or walking or living or breathing to be more safe, we will not be able to fully accept the horrible truth that would otherwise spur us into action.
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X. Was wearing. A t shirt. Found. In the luggage.
If that isn’t proof on a balance of probabilities that X owned the bags, after all we showed, I don’t know what is.
The DPP’s face went pale, poor guy. But a man’s life was at stake, we had to go for the jugular.
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Once, my friend and I walked into the elevator of her building when we were followed by this man. When we got out on her floor, he asked for my number and I politely refused. He seemed not sober, and responded by letting out a huge scream and by punching the wall.
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Was invited to speak with pupils by the KLBC and chose to discuss the provisions of the Domestic Violence Act 1994 and the need for further reforms.
Posting my slides in the thread below for those who may want to learn more about this important piece of legislation.
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@SharaadKuttan
deftly calls out
@wanfayhsal
for his unscientific and anecdotal response to a question about claims he made regarding high ratings for TSMY. The quality of journalism on the "Consider This" segment is consistently top class.
“How many MPs are currently lined up behind the PM?”
@SharaadKuttan
and
@melisa_idris
ask Youth & Sports Dep Minister
@wanfayhsal
about the support for Tan Sri Muhyiddin Yassin. Watch the full
#ConsiderThis
episode at
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@GrabMY
It doesn’t address the concern re the multiple deductions for the same booking. If I book a ride to KLIA costing RM75, and 5 drivers cancel, RM375 will be deducted from my account. Refunds apparently take anywhere from 2-30 days. Is that fair? Some people may depend on that $.
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I completely disagree. PMX should only answer for following the advice given by the AG under Art 145(2) of the Federal Constitution. The power relating to prosecutions is the sole discretionary power of the AG under Art 145(3), for which no other person is/should be answerable.
Unless and until the separation happens, the AG still answers to PMO. Hence, PMX is answerable for his actions.
Let's not forget that even tho PN appointed that particular AG, PMX extended his appointment for 6 months. Why would PMX do so if PMX already knows he is problematic?
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My sister today reminded me of my long call speech. You could sense the stubborn idealism from a mile away. All these years later and in the face of the various changes I’ve experienced, that hope remains unapologetically alive.
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Interesting legal question: Can an acquittal and discharge follow when a charge is struck off for being defective? I would have thought there is nothing to be acquitted of in that scenario.
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Where minority interests align with majority interests, sure. So long as one applies to the other, all could benefit. But representation matters most when these interests aren’t directly aligned/when the issues only affect a particular class of persons.
This is so basic, yet so many Malaysians still don't get it. Your concerns CAN be represented by MPs and ministers of a different race. Believe it or not. Choose your leaders based on their values, not their race.
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Not correct. Murder is a non-bailable offence, meaning, the judge has a discretion to grant bail if (1) there are no reasonable grounds for believing the accused committed the offence and/or (2) any of the exceptions apply. See the case of PP v Balwant Singh.
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I also promise you that these are not the only times my friends and I have been subjected to this kind of behaviour, that many incidents I have left unsaid range from “minor” to more serious forms of assault and harassment.
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Gobind Singh Deo & Co is looking for a legal associate with a minimum of 2 years experience in civil litigation! Details below.
Feel free to DM me if you have any questions, potential colleague ;)
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The younger man then ran up to me from behind. He told me the man in the car wanted to "belanja makan". I had to say no three times before he stopped following me. I finally made my way to Petronas to get the items I needed, and then realized I had to go back the same way.
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We can conclude based on these definitions -
Consent to go to A's house ≠ Consent to sexual intercourse.
Consent to sexting ≠ Consent to sexual intercourse.
Consent to touching A ≠ Consent to sexual intercourse.
Consent to sexual intercourse = Consent to sexual intercourse.
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The stories above, and by those of so many who have bravely come forward, reveals something incredibly damning about the society in which this repeatedly happens - we do not provide nearly enough protection for survivors of sexual harassment, abuse and violence.
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Eventually I decided I would take the route that created the farthest distance between me and his car, whilst still remaining in relatively well-lit areas. As I crossed the road, I saw his car move. I don't know if he saw me, but the possibility was there.
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This was before the FC decision in Alma Nudo Atenza, so the Prosecutor was still entitled to rely on the double presumption. The Prosecution’s case essentially relied on the fact that he was pulling both bags, the bag tags were under his name and some items in 1 bag had his DNA.
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TW: Rape.
Alan Razak has posted a number of replies to this thread, and I'd like to respond re the issue of corroboration, resistance and the wider question of referring to persons as "rape survivors" without/before obtaining a conviction in Court.
The problem with the content in these screenshots is the implication that corroboration is necessary in rape trials, the types of evidence cited as capable of constituting corroboration & the choice of words used.
Here's a more comprehensive view of the law on rape in Malaysia.
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I wonder how many people criticizing the Court’s decision to acquit Bung Mokhtar today have made any attempt to analyze the evidence before commenting. Or do we not care about that anymore? The grounds aren’t even out yet.
How quickly and carelessly we condemn. Disappointing.
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Merdeka Day celebrates the independence of Malaya in 1957. Malaysia Day celebrates the formation of Malaysia on 16th Sept 1963.
Malaysia is therefore 58 years old this year, NOT 64.
Borneo-Malaysians: what’s the one thing you think every Malaysian should know about Merdeka Day and Malaysia Day? What are some misconceptions you’ve heard that you’ve always wanted to correct?
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Exhausted from having to deal with the first man, she curtly said “home”. He proceed to hit on her, whilst I was sat in the middle. Yes, he witnessed what happened to her before. He didn’t care.
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Because the number of opposition MPs exceeds the number of MPs forming the Minority Government. Unless there is bipartisan support, most if not all legislation can be blocked by the opposition.
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In 2021, I drafted this question for the Women's Rights Moot Competition on the constitutionality of section 498 of the Penal Code. Today, the Federal Court just unanimously struck this down for violating Art 8(1) and (2) of the Federal Constitution.
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X WAS WEARING A T SHIRT THAT WAS FOUND IN THE LUGGAGE, I almost screamed to lead counsel. Instead I tugged on his robe. “What?”, he said. “LOOK!”
He knew straight away. Teasingly, he put one photo after the other to the witness. And then came the nail in the coffin.
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Wrong. “Unbailable” is an unofficial term used for offences where bail is mandatorily prohibited by statute. Examples include drug trafficking (see s 41B DDA) and formerly, SOSMA offences (see s 13 SOSMA). There is no equivalent provision for murder, so section 388 applies.
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In criminal cases, the process of impeaching the credit of a witness is heavily skewed in favour of the Prosecution and largely disadvantages the Defence. Here's why.
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Their Ladyships Tengku Maimun TM, Nallini Pathmanathan and Mary Lim TS are forces to be reckoned with when it comes to their judgments on citizenship provisions.
First with CTEB, and in Nov 2021, the Federal Court decision in CCH delivered by the Chief Justice. Inspiring.
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A person who is raped but is unable to satisfy her doctor that continuing w the pregnancy jeopardizes her life/physical/mental health “greater than if the pregnancy were terminated” would NOT be able to get an abortion. Just one of the many problems with our abortion laws.
@TehminaKaoosji
I thought abortion dibolehkan in certain cases sebagaimana dalam seksyen 312 KK? So to say she was denied the option pun tak boleh lah kan? Sebab takde yg ke depan with her case?
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He proceeded to chase me down the street, threatening to seriously hurt me. I told my female friend to run to my brother whilst I led him away from her. I managed to lose him in the crowd, all the while thinking of things I could grab to fight back.
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I distinctly recall representing a man charged with consuming dangerous drugs during his mitigation, who, when pressed, admitted he took the drugs because it helped numb the pain of his brain tumour.
These stories should move us to seriously reflect on our sense of justice.
“Harsh punishments should always be carried out for drug offenders” but what about those who ply the trade/take drugs out of desperation and see no other way out of their present situation?
Plus, you’re never going to see the rich and powerful go to prison for drugs
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Clients lie all the time. And if he was lying about this, we made it very clear it would destroy his defence. He insisted. We made the application to compel the airlines to provide the flight passenger manifest. And there it was. X’s name, in the seat next to our client.
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Please take the time to read the stories of those who have come forward - the quoted tweets to the post about rings above is one place to start.
It will become clear as day that women are already taking so many steps to protect themselves, and the problem still persists.
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Confused, I looked at him and asked why. This side of the street was darker, and I was feeling cautious. He just gestured even more enthusiastically to move towards him. I said "no" and continued to walk away. He honked at me, his voice getting louder. I ignored him.
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We walked around her floor without going into her flat for a long time, because we were terrified that he would barge in and we wouldn’t be able to escape. After some time, he left.
1
10
77