Kula & Associates

Mdm Vigneswary Murugaiah, a well-known Tamil writer, who frequently writes about the plight of poor Tamilians all around the world, was arrested on the 16 th   of December 2015 for allegedly smuggling a migrant under Section 26A of the Anti-Trafficking In Persons & Smuggling Of Migrants Act 2007.             However, about 1 year after she was charged, the Prosecution suddenly brought in 2 depositions as evidence pursuant to Section 61A of the Act. This allows deposition to be taken with or without the presence of the accused and it is prima facie evidence.             This is totally unfair and unconstitutional as it deprives Vigneswary of her right to a fair trial as she will not be accorded to opportunity to cross-examine the person who allegedly did the ‘deposition’. To make things worse, we were already lawyers on record but yet the prosecution did not notify us about the deposition taking place.             Thus, we have filed a constitutional challenge in f

Teacher 38 years charged under the Official Secrets Act for allegedly forwarding leaked UPSR exam questions( primary 6 exam questions).   He has been charged for 5 offences and for each charge if found guilty he could be liable to be jailed for a minimum of 1 year to a maximum of 7 years!! Teacher had apparently received the alleged questions in September 2014 and it forwarded via WhasApp to groups.  The Government Multi-Media Ministry expert had said in evidence he could not rule out that the messages that was allegedly forwarded could be the work done by spyware or by other means. We won his case and his Defense was not called in the Sessions and High Court. But unfortunately by a majority decision 2-1 the Court Of Appeal judges ordered the teacher to enter his defense. Today the case came up in the Seremban Sessions Court and the teacher said he will give evidence under oath. Court fixed a continued Hearing date in August as we are awaiting the written decisi

Company employs a person as a lorry driver some 10 years ago. Company has more than 10 lorries and 20 drivers. Overall company has about 300 workers. Company agreed with lorry driver to pay 9 hours overtime when ever lorry driver makes an outstation trip to JB or Butterworth. Employee agrees to this. Employer also pays in addition trip allowance, overnight allowance and return trip allowance and occasional yearly bonus( extra perks) which is more than the overtime claim per trip. Now employee files a case against employer after he retires as a workman and claims for overtime for 6 years totaling about RM100k. Employee gives evidence in court today to support his claim. Case heard in Labor Court and which has been fixed for continued Hearing next month. Employer very upset although as he has taken too good care of workers like providing the extra perks and even a co-driver this particular employee has filed this unwarranted case. So far case going on fine for employe

The current farmers and their forefathers and siblings have been harvesting the land for more than 70 years. Since the 1940’s, there has been no problems of them occupying the land from the government. Since the 1980’s they actually were encouraged to apply for alienation of the said land from the state government. The farmers were given Temporary Occupational Licenses (TOL) to harvest the land. Subsequently, they followed all procedures by the state government to alienate the land to their names until 2015. Suddenly, they received a letter from the Land Office that their applications have been rejected because the said land has been alienated to an earlier applicant. This shocked the farmers who all this while have diligently been applying and following all procedures that were advised to them by the Land Office. The new owners have now filed a suit to evict these poor farmers from the said land albeit they have been there for about 70 years. We are helping the far

On 14.10.2016, Thomas Su the MP for Ipoh Timur was charged under Section 9(1) and punishable under Section 9(5) of Peaceful Assembly Act 2012. Thomas Su was charged for the same offence in 2013 and subsequently the prosecution withdraw the charge. Now, since the Government has a lot of free time and a lot of resources to dispense with, they decided to charge Thomas Su for the same offence again. After perusing the charge, the Peaceful Assembly Act 2012 and our Federal Constitution we are of the opinion that particularly Section 9(1) and Section 9(5) of the Peaceful Assembly Act 2012 is unconstitutional. Thus, we have filed an application pursuant to Section 30 of the Courts of Judicature Act 1964 to refer the constitutionality of this section to the High Court and subsequently to the Federal Court pursuant to Section 84 Courts of Judicature Act 1964. There are two conflicting decisions in the Court of Appeal, wherein in one case it was held that the particular section

This year I am schedule to speak on the role of parliamentarians in protecting the oceans at the United Nations (UN) on 5th June 2017 Fish and other ocean creatures are the main sources of protein and an important source of food for many, especially Malaysians. Overfishing have resulted in the depletion of many fish stocks As a lawyer and MP, I will be raising issues as to how to combat illegal, unregulated, and unreported (IUU) fishing.