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PROFESSIONAL

Yusmadi is a Partner at Fahda Nur & Yusmadi a boutique law firm specialising in complex civil, criminal and Islamic law related cases. He was called to the Malaysian Bar in 1999. Prior to joining the firm, he was a partner at William Leong & Co., The Chambers of Kamarul Hisham, Hasnal Rezua & Yusmadi and was trained at a few leading and established law firms in Malaysia namely, Skrine & Co., Zaid Ibrahim & Co. and Hisham, Sobri & Kadir in corporate, commercial and Islamic related matters be it contentious and non-contentious.

Yusmadi has been involved as leading and co-counsel in many high profile civil and criminal cases involving Malaysia’s corporate figures, celebrities, politicians which among others include:

  • co- counsel for Anwar Ibrahim (former Deputy Prime Minister of Malaysia) in the Royal Commission of Enquiry of a Video Clip regarding the appointment of judges by a lawyer
  • defending Al Maunah group in the first treason case in Malaysia
  • defending Ezam Mohd Noor in Official Secrets Act
  • defending Datuk Seri Koh Kim Teck in a murder case
  • advising Erra Fazira and YusryKRU divorce settlement
  • advising the wife of Tun Ghafar Baba (former Deputy Prime Minister) in divorce and custody settlement
  • defending Zieman the Star senior journalist in a defamation suit by Datuk Sharifah Aini
  • defending Ruslan Kassim (former UMNO Exco member) in a RM15 Million defamation suit by Tan Sri Rahim Tamby Chik
  • defending Datuk Kamaruddin Jaafar, Secretary General of PAS in a USD150 million syndication loan suit by AMBank International, defending Datuk Husam Musa, Exco Member of Government of Kelantan in a defamation suit by ECM Libra
  • defending an account manager of fund management company who was charged for money laundering , criminal breach of trust and a few offences against Securities Commission in relation to RM29 Million fund.

As an Islamic finance lawyer, he was instrumental in the establishment of the first Islamic estate product using the principle of hibah (gift) which was approved by Religious Authority of Wilayah Persekutuan to Bumiputra-Commerce Bank.

His expertise and achievements in this field, along with his representation of various high profile clients, resulted in his views to be sought after by both print and electronic media in Malaysia. Yusmadi is also a prolific writer. He wrote a weekly column, Dengan Izin (May It Please the Court), for the leading Malaysian daily, Utusan Malaysia.

Apart from practicing law, Yusmadi is very much involved in public service activities at national and international level. Yusmadi is a Fellow at Institute for Policy Research (IKD), a think-tank established by Anwar Ibrahim, former Deputy Prime Minister of Malaysia and a founding member of a few strategic organizations such as Movement for Democracy & Anti-Corruption), Malaysia-America Friendship Alumni Association (MAFAA), an umbrella organization of American scholars e.g. Fulbright, Eisenhower, Hubert Humphrey, IVLP etc.

In 2004 Yusmadi was nominated by the US Embassy of Malaysia to participate in International Visitors Leadership Program (IVLP) in Multi Regional Human Rights Advocacy in USA. In 2006, he was awarded the prestigious Hubert H. Humphrey Fellowship to study law and human rights in the United States and at the same time complete his Masters in Law (LL.M) in International Studies with specialization in International Human Rights Protection at American University Washington College of Law in Washington D.C. Yusmadi is a graduate of LL.B (Hons) from International Islamic University Malaysia where he studied both Common Law and Islamic law. Yusmadi speaks fluently in Bahasa Melayu, English and has a working knowledge of Arabic.

Yusmadi’s practice encompasses civil and criminal litigations and also providing Legal Advisory in corporate commercial, public policy and Islamic law related cases such as Islamic banking & finance.

Some of Yusmadi's recent and notable cases:

Breach of Syndication loan agreement
AMBank International v. Rentak Wira Sdn Bhd & 3 others; Defending a director of stock broking company in a civil suit by AmInternational Bank Ltd. for breach of syndicated loan agreement amounting USD169 million;

Defamation
Tan Sri Abdul Rahim Tamby Bin Datuk Tamby Chik v. Haji Ruslan Bin Haji Kasim (Kuala Lumpur High Court, Case No. S2(S3)-23-50-1998); Defending Ruslan Kasim, executive member of UMNO (ruling party) in a defamation suit by Tan Sri Abdul Rahim Tamby Chik, ex-Chief Minister of Melaka for a claim amounting to RM15 Million in relation to the publication of a book entitled “50 Dalil (reasons) Why Anwar Ibrahim cannot becomes Prime Minister of Malaysia”. The publication of the book has led to the sacking of Anwar Ibrahim as Deputy Prime Minister of Malaysia.

Datuk Sharifah Aini v. Fauziah Binti Johar@Zieman; defending a chief reporter of entertainment section of the Star in a defamation suit by one of Malaysian top singer.

Entertainment/Breach of contract
Wan Aishah Wan Arifin v. EMI (M) Sdn Bhd; acting as Counsel in a civil suit on behalf of Aishah (Aishah and the Fun Club) against EMI (Malaysia) on breach of Artiste Agreement;

Divorce
Advising a Malaysian top actress and singer Era Fazira in her divorce settlement with her husband Yusry KRU (2006);
Toh Puan D. Heryati Abdul Rahim v. Tun Ghaffar Bin Baba (Kuala Lumpur High Court) A divorce and custody case involving the former Deputy Prime Minister of Malaysia Tun Ghafar Baba

Breach of promise of marriage
Defending Hasmawi Hassan, Malaysian International footballer in civil claim on the ground of breach of promise of marriage in the High Court of Muar (2006)

Malicious prosecution/false imprisonment
Md. Ali Bin Amir Batcha v. Government of Malaysia & 10 ors (Kuala Lumpur High Court Case No. 21-70-2003) Filing action against Government of Malaysia, Ministry of Home Affairs of Malaysia, Royal Police of Malaysia and Seven high ranked police officers on the grounds of conspiracy, false imprisonment and malicious falsehood on behalf of an ex-police officer who was unlawfully detained without trial under the Emergency Ordinances;

Public interest
Persatuan Penduduk Bandar Baru Sentul v. Datuk Bandar Kuala Lumpur & 2 other; Yusmadi was appointed by HAKAM (Human Rights Association of Malaysia) to act on behalf of 20 thousands residents representing 6 resident associations within Bandar Baru Sentul objecting a development of a condominium on the football field in the area.

Societies Act
Dato Yunus Abu v. PESAKA (Persatuan Anak Melayu Melaka di Kuala Lumpur and Wilayah Persekutuan)

Tribunal/Disciplinary
Acting as defense counsel for (2) UiTM students who were dismissed from the university for protesting against ISA;

Defending a Medical lecturer (cum surgeon) who was charged for sexual harassment before the Disciplinary Board of University Sains Malaysia;

Employment
Acting for the claimant in unlawful dismissal case before Industrial court.

Debt recovery
Advising and conducting litigations for Malaysia second largest bank i.e. Bumiputra-Commerce Bank Berhad (currently known as CIMB Bank) for its recovery exercise.

Money Laundering/Fraud/Criminal Breach of trust/Mareva Injunction
Defending an account clerk of a fund management company who were charged under Money Laundering Acts, Securities Commission Acts and criminal breach of trust of RM29 million and other related interlocutory applications .e.g mareva injunction.

Treason
PP v. Mohd Amin Bin Mohd Razali & 18 Ors (No. 05-(02-20)-2002 (W) Federal Court (5 panel of judges); at the High Court stage the case was reported as PP v. Mohd Amin Bin Mohd Razali & Ors 2002 - 5 MLJ 406; 2002 MLJ LEXIS 116; Defending 4 accused persons who were charged for the offence of treason (the first case in Malaysia) under section 121 of the Penal Code of Malaysia i.e. to wage war against Yang Di Pertuan Agong of Malaysia which carries the death penalty before 5 panel of judges at the Federal Court of Malaysia. The case was about a group of people popularly known as the Al-Maunah who attempted to overthrow the government of Malaysia by way of Jihad;

Sedition
PP v. Mohamed Ezam Bin Mohd Nor (Kuala Lumpur High Court Case No. 2-62-23-2001); Defending Ezam Mohd Nor, Political Secretary of Anwar Ibrahim, former Deputy Prime Minister of Malaysia who was charged under section 4 of the Sedition Act for uttering words having seditious tendency i.e. to organise street demonstration in order to topple government of Malaysia. He was alleged of trying to topple government of Malaysia by way of demonstration.

Unlawful assembly
Defending 37 people who were charged under the Police Act for participating in unlawful assembly when protesting against the detention of 6 activists under the Internal Security Act (i.e. detention without trial);

Defending Ruslan Kasim a senior opposition leader of National Justice Party who was charged for ‘wrongful confinement’ of a group of people believed to be ‘phantom voters’ in a by-election in Kedah, Malaysia.

Information Technology
Advising an American-based IT company for the setting up of their regional office in Malaysia and applying for and obtaining approvals, permits and licenses including Multimedia Super Corridor (MSC) status necessary for their operation from relevant authorities such MITI, ROC, FIC etc.

Privatization
Advising a property development and investment company in the privatization of university facilities by Ministry of Education of Malaysia.

Intellectual Property
Conducting advisory work on legality of copyright, trademarks and data protection for a Multimedia company.

Entertainment
Advising an entertainment company for a Joint Venture arrangement with state-owned company in relation to the state entertainment/tourism ventures.

Franchising
Advising Pizza company in relation to franchising and Intellectual property (IP) advisory.

Islamic Banking & Finance
Advising an American-based fund manager in arranging for the issuance of Islamic Debt Securities in relation to the privatisation of a government division of Treasury Department.
Advising an Islamic financial institution in Al-Ijarah (leasing) transaction with a first board public listed company.

Islamic Administration of estate
Advising and structuring an Islamic Estate Planning product using Hibah principle for Bumiputra-Commerce Trustee and the product was approved by Majlis Fatwa Wilayah Persekutuan.

Legal Strategy
Recently Yusmadi was appointed as Advisor for Legal & Strategy to 7 Figure Sdn Bhd
http://www.7figure.my


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