Kula & Associates

In 2014, it was big news with primary school children forced to resit the UPSR exams due to leaked questions. The above teacher apparently got the question papers via his WhatsApp and not realizing the seriousness had sent to his friends. He was caught and charged under the Official Secrets Act which carries a maximum sentence of 7 years if found guilty. There are 5 charges against him. We won the case at the Sessions Court and the High Court without the Defense being called to answer the charges. Unfortunately, yesterday by a majority of 2-1 the Court of Appeal Judges allowed the Appeal. The case will be remitted to the Sessions Court for the teacher to give evidence.

Has Manjong Municipal Council violated its contractual obligations? Any parties that has mutual contractual agreement has a duty in the eyes of law to respect it, whether it is about protecting properties or even collection of valuable items. The narrative below indicates the possibility of contractual violation that demands civil justice. Pangkor Discovery & Outdoor Quest Sdn Bhd is the sponsor of the monetary cost of exhibiting the shell collection to the public in Teluk Batik, as a tourism attraction. Shell museum was opened to public with the approval of Manjong Municipal Council (MPM) on 1/4/2007. The exhibition of shell has been running smoothly over the years till the faithful day on 24/1/2017, where MPM workers were alleged to have intruded into the museum, in context of cleaning it and the next day cleared all items in the museum, and was kept in the road side. The valuable shell collection box went missing without being accounted for. All this was done without

Time to punish an Unpunished Genocide The worst genocide of the 21st century was against the Tamils in Sri Lanka culminating in the blood bath in May 2009. Sri Lanka has a great history of impunity, mass graves, disappearances, torture, rape, murder and white van abductions. Sri Lanka has committed some of the most heinous crimes against its own people, be it the Tamils or the Sinhalese in the post II world war period.  The climax of it was the massacre of Tamil civilians in May 2009. There are 146,679 people unaccounted, 90,000 war widows, a minimum of 40,000 war orphans, 160,000 houses destroyed according to UN estimates, 7,000 square kilometers of land belonging to the Tamils in a total of 18,000 sq kms inhabited by them under the control of the army. The Sri Lankan government has time and again stated that it would device its own mechanism to try the violations its armed forces and politicians committed since 2002. The government has categorically stated that they wil

The High Court judge should have granted judicial review on the delineation process. It is imperative for a judicial institution such high court to address issues of national importance if there is substance that would make a case for judicial review what more if it involves voters ‘rights in the spirit of 13 schedule of the federal constitution. This was not adhered to in the following case.  The first delineation inquiry was held in Ipoh on 1.11.2016 relating to objection from Ipoh Barat and Ipoh Timur voters on factual accounts of distorted electoral roll which categorically denies voters equitable   representation in State   Assemblies and Parliament   and the manipulation   of boundaries   to   favour   certain   parties.   These   have   basically   violated   the   one   man   one   vote principle that is ingrained in the federal constitution.  Following this the Election Commission had on the 8th of March 2017 published in the main news print that the 2nd enquiry on t

Criminal Evidence that do not stand up to scrutiny violates constitutional rights The cause of justice is served when its evidence is able to withstand scrutiny. Fair trials in court are the result of honest narratives leading to the truth. Such constitutional principles are sometimes violated. Recently, our client was charged for allegedly trafficking in persons under Section 26A of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007. Pursuant to Section 51A of the Criminal Procedure Code, the Prosecution handed to us ‘all the relevant files’ that will be used throughout the trial. However, when the trial was about to commence, the Prosecution handed us 2 Depositions by persons who were alleged to be smuggled by our client. These Depositions were taken in accordance with Section 61A of the abovementioned Act, 3 months after we have been on record and after attending numerous CM and Mentions. This Section allows Deposition to be taken in front of a M

A TYPICAL CASE OF POLICE  ABUSED AUTHORITY David Carter ( 1985,322) offers perhaps the most comprehensive definition of police abuse authority, arguing that it is best described as an action by a police officer without regard to motive, intent or malice that tends to injure,insult,tread on human dignity, manifest feeling of inferiority and /or violate an inherent legal right of a member of public. Carters definition considers three broad areas of police abuse including, physical, psychology and legal domains. This is what happened on 06.05.2014. Our client was in his house with his wife, when 4 plainclothes men that identified themselves verbally as policemen entered his house. The 4 plainclothes policemen handcuffed our client in his bedroom. Subsequently our client was interrogated in the living room with regards to some drugs to which our client denied any knowledge there of whatsoever. After much insistence, they went out of the client’s house, brought in some subst