Awang Armadajaya Bin Awang Mahmud

On the court record

Awang Armadajaya Bin Awang Mahmud appears in the reported corpus as counsel across a notably varied practice, spanning criminal appeals, civil litigation and arbitration. On the criminal side he was engaged in a Court of Appeal appeal against conviction and sentence for trafficking under section 39B(1)(a) of the Dangerous Drugs Act 1952, where the grounds included whether the police had prior knowledge or conducted a random inspection, whether the trial court's findings rested on a wrong inference, whether there was misdirection on the burden of proof, and whether the prosecution had failed to exclude third-party access to the drugs. He also appeared in a pelucuthakan harta (forfeiture of property) appeal that turned on the burden of proof, the evidence of the investigating officer and kepuasan Pendakwa Raya (the satisfaction of the Public Prosecutor).

His civil and commercial work is equally present. In an interlocutory appeal argued in Bahasa Malaysia, the plaintiff challenged a Sessions Court decision striking out a writ and statement of claim founded on a police report said to have been made with malice, causing loss including a lost opportunity for promotion, the question being whether the claim was fit to be tried. He was engaged in a Court of Appeal matter concerning monetary claims arising from a joint-venture agreement, where the High Court had held parties bound by a personal guarantee and liable for diverting company funds, and in a dispute between an Islamic organisation and a preacher over the propagation of the faith. His arbitration practice appears in a High Court application to set aside a partial award under sections 18(8) and 37(1) of the Arbitration Act 2005, where the arbitrator had ruled that he had jurisdiction to hear the dispute. The reported matters present him as a broad litigator moving between criminal, civil and arbitration work.