A M Zaharil & Co.

On the court record

A M Zaharil & Co. is a Malaysian legal practice whose reported work sits at the meeting point of criminal defence and civil litigation, argued before the High Court (Mahkamah Tinggi) and the Court of Appeal (Mahkamah Rayuan). On the criminal side the firm has appeared for appellants and accused persons in prosecutions brought by the Public Prosecutor (Pendakwa Raya). Those matters range from an attempted-cheating charge tied to an alleged insurance claim under sections 420 and 511 of the Penal Code (Kanun Keseksaan), where the contested question was whether there was a dishonest intention when a hospital-prepared claim form was submitted, to alternative drug charges under section 12(2) of the Dangerous Drugs Act 1952 (Akta Dadah Berbahaya 1952) punishable under section 39A(2) and read with section 34 of the Penal Code. In the drug appeals the sentencing debate turned on the settled principle that kepentingan awam harus diberikan keutamaan melebihi kepentingan individu (the public interest must be given priority over the interest of the individual) when mitigation is weighed. The firm has also carried a full trial to verdict, where the court recorded that the prosecution had proven its case melampaui batasan kemungkinan yang munasabah (beyond a reasonable doubt) under section 182A of the Criminal Procedure Code before the accused were found guilty.

On the civil side its matters include a commercial appeal between two private limited companies over a setting-aside application directed at a default judgment (Penghakiman Ingkar), which had been entered after a failure to file a defence, and where the appellant was dissatisfied with a Sessions Court judge's refusal to set that judgment aside. The firm has separately defended a claim of professional negligence brought against an advocate and solicitor; the High Court dismissed that claim with costs, holding that the plaintiff had not shown on a balance of probabilities that any misconduct by the solicitor caused the loss complained of. The reported profile is thus one of a practice that moves between defending liberty in the criminal courts and resolving contractual and professional-liability disputes on the civil side.