Chew Jee San
About Chew Jee San
Chew Jee San appears as counsel of record in 4 reported Malaysia judgments (2025). These were heard before MYCOA (4).
On the court record
Chew Jee San's reported practice is in criminal appellate defence, appearing in the Court of Appeal for accused persons as the appellant in drug-trafficking and proceeds-of-crime matters. Several of the judgments are delivered in Bahasa Malaysia.
The core of the work is trafficking under "seksyen 39B(1)(a) Akta Dadah Berbahaya 1952" (section 39B(1)(a) of the Dangerous Drugs Act 1952). In one appeal, in which the appellant had been sentenced to life imprisonment and fifteen strokes of the cane, the argument was that the flagrant incompetence of trial counsel had breached the appellant's constitutional right to a fair trial, and that the trial judge had erred in finding mens rea and in relying on presumed possession under section 37(d) of the Act.
In related appeals he advanced a familiar but demanding set of trafficking defences: the absence of the accused's knowledge of the drugs found and of their true nature, the defence of an innocent carrier ("pembawa tidak bersalah"), duress, and whether an Alcontara notice ("Notis Alcontara" — notice identifying a third party said to be responsible) had been given, engaging the punishment provision under section 39B(2).
His appellate work extends to proceeds of crime. Acting for an appellant, he was engaged on an application for the forfeiture of property under section 56 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, on the key elements of that provision — whether there was any unlawful activity amounting to a serious offence under the Second Schedule justifying forfeiture, and whether the property was the proceeds of an unlawful activity or an instrumentality of an offence. The practice is focused, appellate criminal defence in the most serious drug and proceeds-of-crime matters, directed at the proof of knowledge, possession and the statutory basis for punishment or forfeiture. It is work carried out on behalf of convicted persons at the last effective stage of challenge.
How many cases has Chew Jee San appeared in?
Chew Jee San appears as counsel of record in 4 reported Malaysia judgments (2025).
Which courts does Chew Jee San appear in?
Chew Jee San appears before MYCOA (4).
What does Chew Jee San focus on in these decisions?
Criminal appellate defence in the Court of Appeal, acting for accused persons as the appellant in drug-trafficking matters under the Dangerous Drugs Act 1952 and in a proceeds-of-crime forfeiture matter under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
What defences were run in the trafficking appeals?
The absence of the accused's knowledge of the drugs and of their true nature, the defence of an innocent carrier ("pembawa tidak bersalah"), duress, and whether an Alcontara notice identifying a third party had been given — together with a challenge, in one appeal, to a conviction said to rest on the flagrant incompetence of trial counsel and on presumed possession under section 37(d) of the Dangerous Drugs Act 1952.
What was the forfeiture matter about?
An application for the forfeiture of property under section 56 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, on whether there was any unlawful activity amounting to a serious offence under the Second Schedule justifying forfeiture, and whether the property was the proceeds of an unlawful activity or an instrumentality of an offence. He acted for an appellant.