JUDICIAL EXPOSE' I

YAP CHONG YEE, 5a Prinsep Road, Attadale, 6156, Perth, http://yapchongyee.blogspot.comDear Sir, Tan Sri Zaki Azmi, Chairman Judicial Appointments Commission, Dated 17/Feb.,?2009 Re : Originating Petition No. D2-26-41 OF 2001 ; Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd.To Editor of Malaysians unplugged, Re : Comments to article on the dismal performance of J Commissioner Ridswan. My comments that are stated here will also be the same one that I will fax to 46 Judges, Prosecutors and anti-corruption senior officers. If J. Commissioner Ridswan can be sacked for such obvious lack of knowledge of the law as a judge then will this call for the sacking of any such similar cases of judges who have demonstrated a similar gross lack of learning of the law be also sacked for the same reason ? It does not take an Einstein to appreciate that a judge of any high court of any nation has to be a person who is well versed in the law and that only such learned lawyer deserves to serve at the highest level of the judiciary. In Malaysia, judges who have just a mere and very elementary knowledge of the law do get appointed to the bench at the highest level and in most of these cases, it is more acceptable to their ego to be known to be corrupt than to be discovered to be fools on the bench. It is not too difficult to understand why cases in our courts take on an average 10 years to 15 years to end and in most of the cases there is found to be miscarriage of justice and the law. THERE IS NO JUSTICE IF THE LAW IS MISAPPLIED ! Judges upon appointment to the bench TAKE AN OATH of office and affirm that they shall carry out the enforcement of the law without fear or favour; and by the oath if they are discovered to be acting with intention to pervert the course of the law, then by their oath they must be found to be in breach and therefore must by law be dismissed ! Why has the contract of this errant judge been extended ? Do the oath of a judge to observe and enforce the law not mean anything to the Chief Justice ? This is what the state of the law has become, even the Chief Justice can aid and abet the abuse of power of one of his judges and be rewarded for acting with obvious disrespect for the law and to serve both a narrow and partisan interests. This is not an honest to goodness administration of the law; this is in fact a joke ! I too have the misfortune to be the victim of another errant judge of the High Court of Malaysia and now she sits on the bench of the Court of Appeal; her name is Judge Dato Zainon binti Mohd. Ali of the Court of Appeal. She too like this judge Ridsawn, had disrespected the law and abused her powers as a judge. She approved to the respondents of my wife’s Originating Petition No. D2-26-41 OF 2001;Lim Choi Yin v. McLaren Saksama (M)Sdn. Bhd. A order for security for costs and when my wife had paid the sum of RM.60,000 into the hands of respondents’ lawyers as pursuant to her order for security; JUDGE Zainon binti Mohd. Ali went promptly on further to approve to respondents a 2nd and conflicting order to strike out petition. This 2nd order for striking out was made even without a preceding order to set aside the 1st order for security for costs. Therefore, as a consequence the RESPONDENTS RETAINED MY WIFE’S RM. 80,000 (being original Rm.60,000 plus at 5% interests accruing to reach now at Rm.80,000). Money which I borrowed from my daughters at 30% interest per year compound. Here is another case of a judge who is an illiterate in the law because approving both a order for security for costs and then to follow up with another order for striking out (without having cancelled the 1st order for security for costs) is like HAVING THE CAKE AND EATING IT TOO. A judge at the highest level of judicial office who does not know the simple mechanics of the judicial process IS NOW SITTING ON THE BENCH OF THE MALAYSIAN COURT OF APPEAL, is this not SCARRY to you ? I will come to the High Court in KL to confront Judge Zainon binti Mohd. Ali as having committed the several offences : (1) conspiracy to pervert the course of justice, (2)Malfeasance in office (3)co-conspirator to respondents OBTAINING MONEY UNDER FALSE PRETENCES (4)Abuse of judicial powers and many others; anyway these few should by law put Judge Zainon away in prison for a very long time. I have on many occasion tried to provoke Judge Zainon to sue me in Perth but that is not going to happen because our judges in Perth are honourable men of impeccable learning and ethical beyond question. I fear to take action against Judge Zainon in Malaysia because the judges there are of questionable ethical standing and learning of the law; I will most likely be thrown into jail under a detention order under the ISA. NOT WISE ! However I will come to KL to face off against Judge Zainon binti Mohd. Ali if I can be assured by Judge Mohd. Raus Shariff, to whom I had on 3 occasions discussed my case against Judge Zainon binti Mohd. Ali and I find that Judge Mohd. Raus Shariff a reasonable and accommodating man. I TOLD JUDGE MOHD. DARIUS SHARIFF that it is absolute nonsense that my wife’s case should be struck out, when the process had reached the stage when our counsel Mr David Hoh had attended 2 appointments for CASE MANAGEMENT ! HOW COULD JUDGE STRIKE OUT IN THESE CIRCUMSTANCES; and in addition other more damaging issues against her striking out exist as well. As I said I will come to KL to face off against Judge Zainon IF JUDGE MOHD. RAUS SHARIFF WILL ASSURE ME THAT NO SUCH DETENTION UNDER THE ISA WILL ISSUE AGAINNST ME FOR DISPARAGEMENT OF JUDGE ZAINON. I will come to KL and repeat my criminal charges against Judge Zainon and the Judge will have cause to charge me under the criminal defamation law and we will then fight it out in court. NO ISA DETENTION PLEASE ! YAPCHONGYEE
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