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Remanded in Prison under Malaysian Drugs Act. Lawyers did not seem to do anything at all.

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asked on Jul 11, 2017 at 22:59
by   Shameless80
edited on Jul 18, 2017 at 11:43
 
My ex-girlfriend has been remanded in Kajang prison under the Section 39B of the Malaysian Dangerous Drugs Act 1952. I know it's sounds very bias but she really is innocent. 

Anyway, the problem now is that we have already switched legal representation once already, as the first lawyer didn't seem to do anything at all and now our 2nd choice seemed to be doing the same. Thus far, we have paid RM20,000 to retain their services and it's been nearly 3 months since we appointed them but they have yet to even meet my ex in Kajang. They don't seem to be serious about the case. The first time they set the appointment with Kajang prison, they didn't even show up for it. My ex and a few other (who they also represent) ended up sitting in the hot sun for 5 whole hours for no one to show up. When I questioned this, they simply apologized and said that it was a mix up with the dates. 

They keep coming up with excuses every time we ask them if they have even gone to meet their client and it's getting really frustrating especially since the last mention is suppose to be coming up. She has been suffering under remand in Kajang prison for 5 months already and they courts have postponed the hearing upon the arrival of the 'Kimia' lab report. 

Our lawyers have promised us so many things at the beginning, they promised to push the 'kimia' report to be released sooner but I have yet to see evidence of that. They even went as far as to say that the norm is that the courts would only postpone hearing a maximum of 4 mentions. We are coming up to the 4th mention in 2 weeks and their last excuse for not being able to meet the client, was that the Kajang prison is very full at the moment and it's very hard to set an appointment to meet the inmates.

I'm concerned as if our legal representative is taking us for a ride or am I just being paranoid. My ex' family doesn't have a lot of money. In fact the mom have put up everything that she has and together with the contributions of some good friends, was able to pay the lawyers retainer. 

Hopefully I have followed the requirements of this forum and have included enough details for everyone to understand the situation I'm facing. I really don't have anyone else I can turn to. All the family has left is the mother, my ex and her 3 year old son and they are depending on me so I can't let them down.

My questions would be:
1) Is it true that it's difficult for lawyers to make an appointment with Kajang prison to meet with their clients?
2) Are they truly able to push for the 'kimia' report to be out sooner?
3) Should they have given us some sort of explanation as to what the game plan is once the report is out? 

Right now they haven't even told us how they plan on tackling this should the worst case scenario present itself. 
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4 Answers

answered on Jul 12, 2017 at 01:06
by   mike
edited Jul 18, 2017 at 11:31
 
She has been suffering under remand in Kajang prison for 5 months already and they courts have postponed the hearing upon the arrival of the 'Kimia' lab report.  

Section 39B of Malaysian Dangerous Drugs Act 1952

From the Act
(1) No person shall, on his own behalf or on behalf of any other person, whether or not such other person is in Malaysia—
(a) traffic in a dangerous drug;
(b) offer to traffic in a dangerous drug; or
(c) do or offer to do an act preparatory to or for the purpose of trafficking in a dangerous drug.
(2) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence against this Act and shall be punished on conviction with death.
(3) A prosecution under this section shall not be instituted except by or with the consent of the Public Prosecutor:
Provided that a person may be arrested, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody notwithstanding that the consent of the Public Prosecutor to the institution of a prosecution for the offence has not been obtained, but the case shall not be further prosecuted until the consent has been obtained.
(4) When a person is brought before a Court under this section before the Public Prosecutor has consented to the prosecution the charge shall be explained to him but he shall not be called upon to plead, and the provisions of the law for the time being in force relating to criminal procedure shall be modified accordingly.

They even went as far as to say that the norm is that the courts would only postpone hearing a maximum of 4 mentions. We are coming up to the 4th mention in 2 weeks

Section 180 of Malaysian Criminal Procedure Code
(1) When the case for the prosecution is concluded, the Court shall consider whether the prosecution has made out a prima facie case against the accused.
(2) If the Court finds that the prosecution has not made out a prima facie case against the accused, the Court shall record an order of acquittal.
(3) If the Court finds that a prima facie case has been made out against the accused on the offence charged the Court shall call upon the accused to enter on his defence.
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answered on Jul 12, 2017 at 02:16
by   notalawyer
1) is it true that it's difficult for lawyers to make an appointment with kajang prison to meet with their clients?
Not true.  Hari Raya is over.

2) Are they truly able to push for the 'kimia' report to be out sooner?

Not true.  Chemistry Department work at their own pace.

3) Should they have given us some sort of explanation as to what the game plan is once the report is out? 
If there is no strategy, it will be game over for your fren very soon.

You haven't told us what is your friend charged with.

I know a drugs and ballistics specialist lawyer by name of
Hisyam Teh Poh Teik.  Tel : 07-2234968, 07-2234907

Tell him Avengers Malaysia insists on a 50% discount for your fren's case.
Discuss a proper defense strategy with Hisyam Teh Poh Teik himself.
Do not let his junior lawyers handle your case.
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answered on Aug 25, 2017 at 21:27
by   Rama Murthi
edited Sep 11, 2017 at 10:27
 
Thee is a legal, ethical, professional and a moral obligation for all lawyers to ensure they have met and had personal contact with their clients unless the circumstances are exceptional where no practical means of personal meetings are possible.

If the layer retained has not made contact he is guilty of professional misconduct and professional negligence. If they missed an appointment for whatever reason it is incumbent upon them to ensure a successive meeting at the earliest possible convenience. The prison authorities must accommodate their needs and those of the client. This is especially true in a capital offence case. But the rights of the prisoner and the duties of the lawyer and prison governor remain the same regardless of what offence the prisoner is charged with.

I can only sympathise with you dealing with incompetent Malaysian lawyers. Push all you can and ensure you also get some press coverage and some attention from NGO's.
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answered on Aug 25, 2017 at 23:06
by   CarpetBeggar
edited Sep 11, 2017 at 10:30
 
The moral of the story is... never associate with underground friends.
Do not go out late at night.
Do not visit night life.
Do not sleep late.
Do not wake up late mornings and live a healthy and simple working life.

Then you don't with police, courts and lawyers.
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