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
JUDGES OF MALAYSIA'S HIGH COURT & COURT OF APPEAL+60388803724,TanSriAlauddinMohdSheriff,+60388803724,DatoArifinZakaria,+60388803724,TanSriRichardmalajum,+60388803724,DatoZulkefliAhmadMakinudin,+60388803724,TunAbdulHamidMohamad,+60388803724,TanSriSteveShimLipKiong,+60388803724,TanSriLCVohrah,+60388803724,DatoSriAinumMohdSaaid,+60388803724,DatoMohddariusShariff,+60388803724,DatoJamesFoong,+60388803724,JusticeMohamadAriffYusof, Email :ychongyee@yahoo.com.au Blogg. http://yapchongyee.blogspot.com
Sunday, March 15, 2009
JUDICIAL EXPOSE' G(1B)
Judicial Expose' G(1b)
YAP CHONG YEE, 5a Prinsep Road, Attadale, 6156, Perth, http://yapchongyee.blogspot.com
Dear Sir, Ketua Pengarah Ahmad Said Hamdan Dato Hj Dated 23 /Feb.,2009
Re : Originating Petition No. D2-26-41 OF 2001 ;
Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd.
This morning I received again a copy of covering letter enclosing, appeal papers, described as per :
Dalam Makamah Rayuan Sivil No: W-02-612-2006
(Makamah Tinggi Kuala Lumpur Guaman Sivil No: D2-26_41-2001)
Lim Choi Yin -v_ McLaren Saksama (M)Sdn. Bhd. & 5 Lagi
I fear the only words that I can read is the title of the petition; WELL I SUPPOSE THE JOKES ON ME. No matter, I had forbiddened Mr David Hoh to appeal that SHAMEFUL order for striking out in the 2 CONFLICTING ORDERS THAT WERE APPROVED BY JUDGE DATO ZAINON BINTI MOHD. ALI in a fit of rage by Dato Zainon to wreak revenge on me for reporting her to the former Chief Justice Tun Fairoz; but alas her learning of the law was so inadequate that she did not know that she had acted criminally and incriminating herself in the breach of several criminal offences in so doing. A judge of the Court of Appeal, who does not know enough law TO SAVE HER OWN LIFE. The one criminal offence that I like best is the fact that in her absolute illiteracy of the law, SHE APPROVED STEPHEN LIM'S SUPPORTING AFFIDAVIT THAT WERE IN FACT AND IN LAW OF EVIDENCE AMOUNTED TO A PILE OF DOG SHIT, just bloody ordinary toilet paper. No lawyer, not even one who may have been trained in Malaysia, can accept as evidence, Stephen Lim Cheng Ban's affidavit (the alleged company share transfer (forgery) forms were not stamped and the alledged share certificates allegedly said by Stephen Lim to be share certificate No. 02 and 04 were not annexed to his supporting affidavit as exhibits ). Obviously judge Zainon thought she could accept tham as evidence even though she must have known that they were utter trash, and her errant action here IS EVIDENCE THAT SHE INTENTIONALLY ADMITTED TRASH AS EVIDENCE and this serves as evidence that Judge Zainon KNEW THAT SHE WAS PARTICIPATING IN A CONSPIRACY TO PERVERT THE COURSE OF JUSTICE AND THE LAW. I had submitted in my many fax letters exposing Judge Dato Zainon's UTTER ILLITERACY OF THE LAW & her actions amounted in law to her participation in the respondents' conspiracy to commit fraud, perverting the course of justice and the law, that by her actions she participated in a conspiracy to commit FORGERY AND PERJURY and by her actions she had pro-actively participated in a conspiracy to obtain money under false pretences; and by lord almighty, SHE IS A JUDGE ON THE COURT OF APPEAL BENCH. "SHAME OR NOT ?"
I can see with sniggers and glee that Judge had no idea what she was doing on the Bench of the High Court adjudicating my wife's Petition. A Judge who has no idea what the difference is between "ORDER FOR SECURITY FOR COSTS" and an "ORDER FOR STRIKING OUT" is a danger to society. Hey Judge the difference is, in one order it is the 'front face of the coin" and the other is the "arse hole of the coin"; they do not look the same BECAUSE THEY ARE 2 SIDES OF THE SAME COIN and a judge who knows her law will know that you, JUDGE ZAINON CAN ONLY BUT APPROVE ONE ORDER OR THE OTHER ORDER, but not two fucking orders together and at the same time ! It is best expressed as a math equation thus (-) + ( +) = 0 Hey Judge Zainon your 2 opposing order equals a big fat ZERO like your head, knock your head with a piece of metal and you get the noise "PING" ! JUDGE ZAINON ! YOU STILL GOT MY WIFE'S RM60,000 PLUS RM20,000 INTEREST ACCRUED !
I want everyone to know that Mr David Hoh, counsel for my wife had kept himself incommunicado for 3 years, AND THAT MY WIFE HAD NOT AT ANYTIME received any of Dato zainon's JUDGMENT for the 2 conflicting orders; and that in spite of my countless request made to Mr David Hoh to send to me a copy of Judge Zainon's judgment, I nor my wife had ever received any such judgment. I have no idea what are the grounds of Mr David Hoh's appeal and I do not know what were the grounds for Judge Zainon's audacious approval for striking out, my wife's petition BECAUSE I DEARLY WANT TO EXPOSE THEIR CONTENT TO ALL MALAYSIAN PRACTICING LAWYERS, so they can know the quality of Judge Zainon's knowlege of the law or indeed the lack of it. DAVID HOH I WNT YOU TO SEND TO ME JUDGE ZAINON'S JUDGMENT SO I CAN FAX THEM TO THE PUBLIC for a hoot and a belly aching laugh !
YAP CHONG YEE, 5a Prinsep Road, Attadale, 6156, Perth, http://yapchongyee.blogspot.com
Dear Sir, Ketua Pengarah Ahmad Said Hamdan Dato Hj Dated 23 /Feb.,2009
Re : Originating Petition No. D2-26-41 OF 2001 ;
Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd.
This morning I received again a copy of covering letter enclosing, appeal papers, described as per :
Dalam Makamah Rayuan Sivil No: W-02-612-2006
(Makamah Tinggi Kuala Lumpur Guaman Sivil No: D2-26_41-2001)
Lim Choi Yin -v_ McLaren Saksama (M)Sdn. Bhd. & 5 Lagi
I fear the only words that I can read is the title of the petition; WELL I SUPPOSE THE JOKES ON ME. No matter, I had forbiddened Mr David Hoh to appeal that SHAMEFUL order for striking out in the 2 CONFLICTING ORDERS THAT WERE APPROVED BY JUDGE DATO ZAINON BINTI MOHD. ALI in a fit of rage by Dato Zainon to wreak revenge on me for reporting her to the former Chief Justice Tun Fairoz; but alas her learning of the law was so inadequate that she did not know that she had acted criminally and incriminating herself in the breach of several criminal offences in so doing. A judge of the Court of Appeal, who does not know enough law TO SAVE HER OWN LIFE. The one criminal offence that I like best is the fact that in her absolute illiteracy of the law, SHE APPROVED STEPHEN LIM'S SUPPORTING AFFIDAVIT THAT WERE IN FACT AND IN LAW OF EVIDENCE AMOUNTED TO A PILE OF DOG SHIT, just bloody ordinary toilet paper. No lawyer, not even one who may have been trained in Malaysia, can accept as evidence, Stephen Lim Cheng Ban's affidavit (the alleged company share transfer (forgery) forms were not stamped and the alledged share certificates allegedly said by Stephen Lim to be share certificate No. 02 and 04 were not annexed to his supporting affidavit as exhibits ). Obviously judge Zainon thought she could accept tham as evidence even though she must have known that they were utter trash, and her errant action here IS EVIDENCE THAT SHE INTENTIONALLY ADMITTED TRASH AS EVIDENCE and this serves as evidence that Judge Zainon KNEW THAT SHE WAS PARTICIPATING IN A CONSPIRACY TO PERVERT THE COURSE OF JUSTICE AND THE LAW. I had submitted in my many fax letters exposing Judge Dato Zainon's UTTER ILLITERACY OF THE LAW & her actions amounted in law to her participation in the respondents' conspiracy to commit fraud, perverting the course of justice and the law, that by her actions she participated in a conspiracy to commit FORGERY AND PERJURY and by her actions she had pro-actively participated in a conspiracy to obtain money under false pretences; and by lord almighty, SHE IS A JUDGE ON THE COURT OF APPEAL BENCH. "SHAME OR NOT ?"
I can see with sniggers and glee that Judge had no idea what she was doing on the Bench of the High Court adjudicating my wife's Petition. A Judge who has no idea what the difference is between "ORDER FOR SECURITY FOR COSTS" and an "ORDER FOR STRIKING OUT" is a danger to society. Hey Judge the difference is, in one order it is the 'front face of the coin" and the other is the "arse hole of the coin"; they do not look the same BECAUSE THEY ARE 2 SIDES OF THE SAME COIN and a judge who knows her law will know that you, JUDGE ZAINON CAN ONLY BUT APPROVE ONE ORDER OR THE OTHER ORDER, but not two fucking orders together and at the same time ! It is best expressed as a math equation thus (-) + ( +) = 0 Hey Judge Zainon your 2 opposing order equals a big fat ZERO like your head, knock your head with a piece of metal and you get the noise "PING" ! JUDGE ZAINON ! YOU STILL GOT MY WIFE'S RM60,000 PLUS RM20,000 INTEREST ACCRUED !
I want everyone to know that Mr David Hoh, counsel for my wife had kept himself incommunicado for 3 years, AND THAT MY WIFE HAD NOT AT ANYTIME received any of Dato zainon's JUDGMENT for the 2 conflicting orders; and that in spite of my countless request made to Mr David Hoh to send to me a copy of Judge Zainon's judgment, I nor my wife had ever received any such judgment. I have no idea what are the grounds of Mr David Hoh's appeal and I do not know what were the grounds for Judge Zainon's audacious approval for striking out, my wife's petition BECAUSE I DEARLY WANT TO EXPOSE THEIR CONTENT TO ALL MALAYSIAN PRACTICING LAWYERS, so they can know the quality of Judge Zainon's knowlege of the law or indeed the lack of it. DAVID HOH I WNT YOU TO SEND TO ME JUDGE ZAINON'S JUDGMENT SO I CAN FAX THEM TO THE PUBLIC for a hoot and a belly aching laugh !
JUDICIAL EXPOSE' G
YAP CHONG YEE, 5a Prinsep Road, Attadale, 6156, Perth, http://yapchongyee.blogspot.com. Dated Re : Originating Petition No. D2-26-41 OF 2001 ; Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd Dear Tan Sri Zaki Azmi,Chairman Judicial Appointments CommissionI have written to you many times complaining the criminal conduct of Judge Dato Zainon binti Mohd. Ali, but you have never ever replied nor even so much as acknowledged receipt of my letters. I have written to you officially and it is only normal courtesy that you at least reply to my letters as Chief Justice to my complaint that charges one of your senior Judges with criminal conduct. Do you not respect the dignity of your office as the Chief Justice of Malaysia ? Do you not want to prosecute me for publicly charging (because I fax all my letters to all legal practitioners in KL)one of your senior judges, Dato Zainon binti Mohd. Ali of your COURT OF APPEAL with having committed several serious criminal offences like aidding & abetting Perjury, Forgery and fabricating documents etc. ? I too graduated law from the University of Singapore in 1967 and practised law in Malaysia. I just want you to know that I am no crank ! I have spoken to your Judge Manager Dato Mohd. Raus Shariff on the same complaint. My wife filed an application to wind up her company but respondents PERJURED & FABRICATED DOCUMENTS and my wife was refused her application for leave to cross examine respondents ALTHOUGHT JUDGE ZAINON BINTI MOHD. ALI HAD GOOD REASON TO BELIEVE THAT RESPONDENTS HAD LIED AND FABRICATED DOCUMENTS; I can prove this charge if I am allowed opportunity to prove they fabricated those documents. My complaint is very simple, we(wife & I ) are naturalised Australians and Judge Zainon binti Mohd. Ali had APPROVED TO RESPONDENTS SECURITY FOR COSTS OF RM.60,000 AND MY WIFE PAID THIS SECURITY FOR COSTS INTO RESPONDENTS HANDS by the terms of judge Zainon binti Mohd. Ali’s order (not into court as normal, IS THIS NORMAL IN MALAYSIA ?). The respondents after having received said RM 60,000, went on to apply for a 2nd order to strike out said petition AND BY THE BEARD OF JESUS, JUDGE DATO ZAINON BINTI MOHD. ALI APPROVED RESPONDNTS 2nd APPLICATION TO STRIKE OUT EVEN BEFORE ANY APPLICATION HAD BEEN MADE TO SET ASIDE HER FIRST ORDER FOR SECURITY FOR COSTS. No Order to set aside Judge Zainon’s 1st Order for security for costs was ever made. Just like the politics of Perak there are now two valid and OPPOSING ORDERS; never in the history of the English Common Law had there been a JUDGE OF THE COURT OF APPEAL RANK to have approved an order for security for costs and then go on and approved a 2nd order to strike out. This is awfully shameful ! Quite apart from such NONSENSE, Judge has caused the respondents to retain illegally and unlawfully my RM.80,000 (Rm.60,000 capital plus RM.20,000 interest accruing up until now. I am a retiree and I borrowed this security for costs from my daughter at 30% interest/year compound. It is just nonsense that Judge is allowed to keep my money after having struck out our petition. I have spoken to Dato Mohd. Raus Shriff of my complaint twice on his hand phone. I told him as I tell you that it is just nonsense to ask me to sit on my hands loosing this RM80,000 at 73 years old and soon to meet my maker, What do you expect me to accept that this RM,80,000 is most likely to be shared by Judge Zainon binti Mohd. Ali M/s Lim & Hoh (my wife/s solicitors,) and M/s Annad Noraini, Solicitors for resondents). Do you not have sufficient respect for the Malaysian Judiciaryto want to protect the reputation of Malaysia ? I call Dato Zainon binti Mohd. Ali AN UNCONVICTED CRIMINAL. WANT TO EXTRADICT ME ON A CRIMINAL CHARGE FOR BREACH OF CRIMINAL DEFAMATION ACT ? My defense is TRUTH !
Copy :Malaysian Insider, Tan Sri Alauddin Mohd Sheriff, Datuk Arifin Zakaria and Tan Sri Richard Malanjum, Judge Datuk Zulkefli Ahmad Makinudin, Tun Abdul Hamid Mohamad, former Chief Judge of Sabah and Sarawak Tan Sri Steve Shim Lip Kiong,Tan Sri L.C. Vohrah, Datuk Seri Ainum Mohd Saaid. Dato Mohd. Darus Shariff, Dato James Foong.
Copy :Malaysian Insider, Tan Sri Alauddin Mohd Sheriff, Datuk Arifin Zakaria and Tan Sri Richard Malanjum, Judge Datuk Zulkefli Ahmad Makinudin, Tun Abdul Hamid Mohamad, former Chief Judge of Sabah and Sarawak Tan Sri Steve Shim Lip Kiong,Tan Sri L.C. Vohrah, Datuk Seri Ainum Mohd Saaid. Dato Mohd. Darus Shariff, Dato James Foong.
JUDICIAL EXPOSE'
YAP CHONG YEE, 5a Prinsep Road, Attadale, 6156, Perth, http://yapchongyee.blogspot.com12:17 PM 16/01/2009
TO,
DEAR Dato Mohd. Rause Shariff,
Dato James Choong,
Re : Originating Petition No. D2-26-41 OF 2001 ;
Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd
I spoke to Dato Mohd. Raus Shariff, Judge Manager, this morning and discussed my letter Judicial Expose' (special A ), but Judge Manager Dato James Foong dared not take my call and his secretary told me to refer the matter to the Chief Justice, that is as good as saying "forget it", because I had on several occassions tried to talk to the Chief Justice on the phone but C J Tan Sri Zaki just RAN AWAY and I wrote to him and drew no response whatsoever.
The most imporatant issue that was argued in my letter (judicial Expose A, and the issue that I raised in this discussion with Dato Mohd. Rause on the phone was the issue that I charged Dato Zainon binti Mohd. Ali for COMMITTING THE OFFENCE OF MALFEASANCE in APPROVING STEPHEN LIM'S APPLICATION FOR STRIKING OUT SAID PETITION AFTER STEPHEN LIM HAD ACCEPTED MY WIFE'S SECURITY FOR COSTS OF RM.60.000 and no Order was ever applied nor did Dato Zainon ever made any order to set aside HER ORDER FOR SECURITY FOR COSTS The rationale for making my charge against Dato Zainon for breach of Malfeasance was the acceptance by all respondents of said SECURITY FOR COSTS. This acceptance finalised a de facto contract for all the litigants to go to trial on the petition. IN THESE CIRCUMSTANCES JUDGE ZAINON'S APPROVAL FOR STRIKING OUT caused her to breach the criminal offence of Malfeasance, BECAUSE BY HER STRIKING OUT SHE HAD PARTICIPATED IN THE BREACH OF THIS de facto contract by Stephen Lim. Zainon's Order to strike out had SET STEPHEN LIM FROM HIS CONTRACTUAL OBLIGATION and this Order to strike out had PROTECTED Stephen Lim from his breach of this contract. In addition Dato Zainon on these facts had PARTICIPATED IN THE CONSPIRACY TO PERVERT THE COURSE OF JUSTICE, and conspiracy to obstruct police investigation by her instruction not to investigate my 3 police reports charging Respondents with PERJURY & FORGERY.
PLEASE REMEMBER THAT Dato Zainon is still retaining Rm.60,000, money that was obtained under false pretences and Dato Zainon HAD PARTICIPATED IN OBTAINING SECURITY FOR COSTS UNDER FALSE PRETENCES.
Dato Mohd. Raus suggested that my solicitors take the matter up on appeal; I said that Mr David Hoh, my wife's counsel had already done that, AGAINST MY INSTRUCTION NOT TO APPEAL . I said that this was wrong because IF THERE IS ANY APPEAL IT SHOULD HAVE BEEN RESPONDENTS WHO SHOULD APPEAL, because it was respondent, HAVING ACCEPTED HIS
SHARE OF SECURITY FOR COSTS, WENT ON TO APPLY TO STRIKE OUT. THIS IS NONSENSE, in these circumstances for Judge Zainon to approve his application for striking out. Dato Mohd. Rause then suggested that our solicitor should make an application to set aside the order for striking out on the grounds that it was an illegal order. I SAID I HAD ALREADY INSTRUCTED MR DAVID HOH TO APPLY TO SET ASIDE THE ILLEGAL ORDER, but that Mr David Hoh HAD MADE HIMSELF INCOMMUNICADO to my instructions and any attempt to communicate with him or his firm of M/s Lim & Hoh drew any response.
I also stated for a fact that Dato Zainon had applied pressure on Mr David Hoh and the actions of Mr David Hoh has been all calculated to disadvantage the prospect of my wife's petition. I also stated for a fact that because of the personal involvement of Judge Zainon, no lawyer in KL will represent our Petition.
Dato Mohd. Rause asked me to have Mr David Hoh call on him, and this morning I had tried on 3 occassions to contact Mr David Hoh or his father (senior Partner) Mr Frank Hoh but on all 3 occassions I was told they were not available. I had also mentioned to Dato Rause that Lim & Hoh will not and have not responded on all attempts to contact them.
I had suggested that I will attend the meeting with him for an appointment to be finalised; and it was agreed that I go to KL for this meeting. I WISH TO THANK DATO MOHD. RAUSE FOR AGREEING TO GIVE ME HIS TIME ON THIS ISSUE.
I had attempted to contact Mr David or Mr Frank to confirm that up to today NO COURT ORDER IS/HAS BEEN EXTRACTED TO ORDER THE STRIKING OUT OF MY WIFE'S PETITION. I have received from Mr David Hoh copy of letter to M/s Annad & Noraini (solicitors for Stephen Lim) ASKING THEM TO APPROVE MR DAVID HOH'S DRAFT FOR AN ORDER BUT UP TILL TODAY (2 YEARS FROM ALLEDGED ORDER TO STRIKE OUT) No Order to strike out has been sent to me or my wife. DOES IT MEAN THAT NO ORDER TO STRIKE OUT WAS EVER MADE BY JUDGE ZAINON BINTI MOHD. ALI ? It was for this reason that I had made 3 attempts to contact M/s Lim & Hoh to find out but drew no response; therefore my meeting with Dato Mohd. Rause will be discussed on this basis.
It is ridiculous and laughable that more than 2 or 3 years have passed since it was alledged by our solicitors M/s Lim & Hoh that my wife's Petition had been struck off and no ORDER FOR THE STRUCKING OUT HAS BEEN EXTRACTED. Is it because Judge Zainon binti Mohd. Ali IS TOO EMBARRASSED HAVING APPROVED THE ORDER TO STRIKE OUT, in such dubious circumstances and that the order to strike out will show her up to be ignorant of the law and a law illiterate ?
I WANT DATO MOHD. RAUSE TO KNOW THAT DATO ZAINON'S ILLEGAL ORDER TO STRIKE OUT INCLUDES HER ORDER FOR SECURITY FOR COSTS NOT BEEN SET ASIDE AND THAT SHE STILL ILLEGALLY RETAINS MY WIFE'S RM.60,000 PLUS RM.20,000 INTEREST ACCRUED SINCE PAYMENT MADE.IS THIS NOT ABSOLUTE IGNORANCE OF THE LAW by a Judge of the Malaysian Court of Appeal; you do not need to be a lawyer to know that it is BLOODY CRAZY AND LAW ILLITERATE TO RETAIN SECURITY FOR COSTS WHEN ZAINON HAS STRUCK OUT ! WHERE IS THE TRIAL TO DISBURSE THE SECURITY FOR COSTS ? CAN RESPONDENTS CREATE A BILL OF COSTS TO BE TAXED IN THE ABSENSE OF ANY TRIAL ?
HERE IS MY DILEMMA ! Is Dato Mohd Raus serious to want to solve this obvious embarrassment to the HIGH COURT OF MALAYSIA in a case that arises from the obvious CRIMINAL CONDUCT OF COURT OF APPEAL JUDGE ZAINON BINTI MOHD. ALI ? I say it is prudent to be cautious, I HAD RAISE MY DOUBTS BY ASKING IF HE WILL PUT AN I. S. A. order of detantion on me to muzzle me from exposing the criminal conduct of Judge Zainon.
What has to be discussed if I meet with Dato Mohd. Raus to solve this embarasment ? (a)To set aside Zainon's illegal order to strike out, I will have to depose to Judge Zainon's criminal conduct in my supporting affidavit; WHICH MEANS THAT CRIMINAL PROSECUTION AGAINST JUDGE ZAINON MUST FOLLOW,
(b)My solution is to ORDER THE POLICE TO INVESTIGATE MY 3 POLICE REPORTS, as normally required by LAW, that were annexed to my wife's supporting affidavit, WHICH POLICE INVESTIGATION WAS KILLED OFF BY JUDGE ZAINON'S INSTRUCTION TO INSPECTOR FAWZI NOT TO INVESTIGATE. My charge that documents exhibited by Stephen Lim's supporting affidavit alledging them to be true documents ARE ALL FORGERIES AND ALLEGATIONS CONTAINED IN HIS SAID AFFIDAVIT WERE PERJURED; therefore police investigations will prove this ! THAT BEING THE CASE RESPONDENTS STEPHEN LIM, WONG KEM CHEN, AND KWONG SEA YOON WILL BE PROSECUTED ON THE ABOVE CRIMINAL CHARGES. The conviction of these 3 respondents WILL FORM THE GROUNDS FOR SETTING ASIDE DATO ZAINON'S ILLEGAL ORDER TO STRIKE OUT PETITION on the grounds that Judge Zainon's illegaal order to strike out was obtained by Stephen Lim by fraud My solution WILL SAVE DATO ZAINON FROM CRIMINAL PROSECUTION AND EMBRASSMENT.
If Dato Mohd. Raus is serious TO WANT TO SOLVE THIS EMBRASSMENT TO THE HIGH COURT OF MALAYSIA, THEN HE DOES NOT NEED ME TO ATTEND HIM IN K.L. HE CAN INSTRUCT POLICE TO INVESTIGATE MY 3 POLICE REPORTS. WILL DATO RAUS DO THIS OR IS IT MY ATTENDANCE IS REQUIRED TO FACILITATE THE SERVICE ON ME OF A POSSIBLE ISA DETANTION ORDER ? However, caution is the better part of valour ! I think I will wait for the new government that will be formed by Pakatan Rakyat and being a NEW BROOM THE AG OF A PAKATAN RAKYAT GOVERNMENT WILL BE MORE RECEPTIVE TO ENFORCING THE LAW.
I sincerely THANK Dato Mohd. Raus for his kind response, but I will wait for the next government of Pakatan Rakyat to come to KL and to sue Judge Zainnon binti Mohd Ali, the firm of M/s Lim & Hoh for professional negligence for not opposing Stephen Lim's application for striking out petition in the circumstances, to sue M/s Annad & Noraini (solicitors) for pro-active participation in a conspiracy to pervert the course of justice. conspiracy to fabricate evidence by forgery and perjury, participate in a conspiracy to obtain money by false pretences and conspiracy to retain stolen money obtained by false pretences.
Copy : President of Bar Council, Chief Justice of Malaysia, Judge Managers, Dato Mohd. Raus, Dato James Foong, Dato Zainon and 500 lawyers in KL randomly selected with FAX NUMBERS.
TO,
DEAR Dato Mohd. Rause Shariff,
Dato James Choong,
Re : Originating Petition No. D2-26-41 OF 2001 ;
Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd
I spoke to Dato Mohd. Raus Shariff, Judge Manager, this morning and discussed my letter Judicial Expose' (special A ), but Judge Manager Dato James Foong dared not take my call and his secretary told me to refer the matter to the Chief Justice, that is as good as saying "forget it", because I had on several occassions tried to talk to the Chief Justice on the phone but C J Tan Sri Zaki just RAN AWAY and I wrote to him and drew no response whatsoever.
The most imporatant issue that was argued in my letter (judicial Expose A, and the issue that I raised in this discussion with Dato Mohd. Rause on the phone was the issue that I charged Dato Zainon binti Mohd. Ali for COMMITTING THE OFFENCE OF MALFEASANCE in APPROVING STEPHEN LIM'S APPLICATION FOR STRIKING OUT SAID PETITION AFTER STEPHEN LIM HAD ACCEPTED MY WIFE'S SECURITY FOR COSTS OF RM.60.000 and no Order was ever applied nor did Dato Zainon ever made any order to set aside HER ORDER FOR SECURITY FOR COSTS The rationale for making my charge against Dato Zainon for breach of Malfeasance was the acceptance by all respondents of said SECURITY FOR COSTS. This acceptance finalised a de facto contract for all the litigants to go to trial on the petition. IN THESE CIRCUMSTANCES JUDGE ZAINON'S APPROVAL FOR STRIKING OUT caused her to breach the criminal offence of Malfeasance, BECAUSE BY HER STRIKING OUT SHE HAD PARTICIPATED IN THE BREACH OF THIS de facto contract by Stephen Lim. Zainon's Order to strike out had SET STEPHEN LIM FROM HIS CONTRACTUAL OBLIGATION and this Order to strike out had PROTECTED Stephen Lim from his breach of this contract. In addition Dato Zainon on these facts had PARTICIPATED IN THE CONSPIRACY TO PERVERT THE COURSE OF JUSTICE, and conspiracy to obstruct police investigation by her instruction not to investigate my 3 police reports charging Respondents with PERJURY & FORGERY.
PLEASE REMEMBER THAT Dato Zainon is still retaining Rm.60,000, money that was obtained under false pretences and Dato Zainon HAD PARTICIPATED IN OBTAINING SECURITY FOR COSTS UNDER FALSE PRETENCES.
Dato Mohd. Raus suggested that my solicitors take the matter up on appeal; I said that Mr David Hoh, my wife's counsel had already done that, AGAINST MY INSTRUCTION NOT TO APPEAL . I said that this was wrong because IF THERE IS ANY APPEAL IT SHOULD HAVE BEEN RESPONDENTS WHO SHOULD APPEAL, because it was respondent, HAVING ACCEPTED HIS
SHARE OF SECURITY FOR COSTS, WENT ON TO APPLY TO STRIKE OUT. THIS IS NONSENSE, in these circumstances for Judge Zainon to approve his application for striking out. Dato Mohd. Rause then suggested that our solicitor should make an application to set aside the order for striking out on the grounds that it was an illegal order. I SAID I HAD ALREADY INSTRUCTED MR DAVID HOH TO APPLY TO SET ASIDE THE ILLEGAL ORDER, but that Mr David Hoh HAD MADE HIMSELF INCOMMUNICADO to my instructions and any attempt to communicate with him or his firm of M/s Lim & Hoh drew any response.
I also stated for a fact that Dato Zainon had applied pressure on Mr David Hoh and the actions of Mr David Hoh has been all calculated to disadvantage the prospect of my wife's petition. I also stated for a fact that because of the personal involvement of Judge Zainon, no lawyer in KL will represent our Petition.
Dato Mohd. Rause asked me to have Mr David Hoh call on him, and this morning I had tried on 3 occassions to contact Mr David Hoh or his father (senior Partner) Mr Frank Hoh but on all 3 occassions I was told they were not available. I had also mentioned to Dato Rause that Lim & Hoh will not and have not responded on all attempts to contact them.
I had suggested that I will attend the meeting with him for an appointment to be finalised; and it was agreed that I go to KL for this meeting. I WISH TO THANK DATO MOHD. RAUSE FOR AGREEING TO GIVE ME HIS TIME ON THIS ISSUE.
I had attempted to contact Mr David or Mr Frank to confirm that up to today NO COURT ORDER IS/HAS BEEN EXTRACTED TO ORDER THE STRIKING OUT OF MY WIFE'S PETITION. I have received from Mr David Hoh copy of letter to M/s Annad & Noraini (solicitors for Stephen Lim) ASKING THEM TO APPROVE MR DAVID HOH'S DRAFT FOR AN ORDER BUT UP TILL TODAY (2 YEARS FROM ALLEDGED ORDER TO STRIKE OUT) No Order to strike out has been sent to me or my wife. DOES IT MEAN THAT NO ORDER TO STRIKE OUT WAS EVER MADE BY JUDGE ZAINON BINTI MOHD. ALI ? It was for this reason that I had made 3 attempts to contact M/s Lim & Hoh to find out but drew no response; therefore my meeting with Dato Mohd. Rause will be discussed on this basis.
It is ridiculous and laughable that more than 2 or 3 years have passed since it was alledged by our solicitors M/s Lim & Hoh that my wife's Petition had been struck off and no ORDER FOR THE STRUCKING OUT HAS BEEN EXTRACTED. Is it because Judge Zainon binti Mohd. Ali IS TOO EMBARRASSED HAVING APPROVED THE ORDER TO STRIKE OUT, in such dubious circumstances and that the order to strike out will show her up to be ignorant of the law and a law illiterate ?
I WANT DATO MOHD. RAUSE TO KNOW THAT DATO ZAINON'S ILLEGAL ORDER TO STRIKE OUT INCLUDES HER ORDER FOR SECURITY FOR COSTS NOT BEEN SET ASIDE AND THAT SHE STILL ILLEGALLY RETAINS MY WIFE'S RM.60,000 PLUS RM.20,000 INTEREST ACCRUED SINCE PAYMENT MADE.IS THIS NOT ABSOLUTE IGNORANCE OF THE LAW by a Judge of the Malaysian Court of Appeal; you do not need to be a lawyer to know that it is BLOODY CRAZY AND LAW ILLITERATE TO RETAIN SECURITY FOR COSTS WHEN ZAINON HAS STRUCK OUT ! WHERE IS THE TRIAL TO DISBURSE THE SECURITY FOR COSTS ? CAN RESPONDENTS CREATE A BILL OF COSTS TO BE TAXED IN THE ABSENSE OF ANY TRIAL ?
HERE IS MY DILEMMA ! Is Dato Mohd Raus serious to want to solve this obvious embarrassment to the HIGH COURT OF MALAYSIA in a case that arises from the obvious CRIMINAL CONDUCT OF COURT OF APPEAL JUDGE ZAINON BINTI MOHD. ALI ? I say it is prudent to be cautious, I HAD RAISE MY DOUBTS BY ASKING IF HE WILL PUT AN I. S. A. order of detantion on me to muzzle me from exposing the criminal conduct of Judge Zainon.
What has to be discussed if I meet with Dato Mohd. Raus to solve this embarasment ? (a)To set aside Zainon's illegal order to strike out, I will have to depose to Judge Zainon's criminal conduct in my supporting affidavit; WHICH MEANS THAT CRIMINAL PROSECUTION AGAINST JUDGE ZAINON MUST FOLLOW,
(b)My solution is to ORDER THE POLICE TO INVESTIGATE MY 3 POLICE REPORTS, as normally required by LAW, that were annexed to my wife's supporting affidavit, WHICH POLICE INVESTIGATION WAS KILLED OFF BY JUDGE ZAINON'S INSTRUCTION TO INSPECTOR FAWZI NOT TO INVESTIGATE. My charge that documents exhibited by Stephen Lim's supporting affidavit alledging them to be true documents ARE ALL FORGERIES AND ALLEGATIONS CONTAINED IN HIS SAID AFFIDAVIT WERE PERJURED; therefore police investigations will prove this ! THAT BEING THE CASE RESPONDENTS STEPHEN LIM, WONG KEM CHEN, AND KWONG SEA YOON WILL BE PROSECUTED ON THE ABOVE CRIMINAL CHARGES. The conviction of these 3 respondents WILL FORM THE GROUNDS FOR SETTING ASIDE DATO ZAINON'S ILLEGAL ORDER TO STRIKE OUT PETITION on the grounds that Judge Zainon's illegaal order to strike out was obtained by Stephen Lim by fraud My solution WILL SAVE DATO ZAINON FROM CRIMINAL PROSECUTION AND EMBRASSMENT.
If Dato Mohd. Raus is serious TO WANT TO SOLVE THIS EMBRASSMENT TO THE HIGH COURT OF MALAYSIA, THEN HE DOES NOT NEED ME TO ATTEND HIM IN K.L. HE CAN INSTRUCT POLICE TO INVESTIGATE MY 3 POLICE REPORTS. WILL DATO RAUS DO THIS OR IS IT MY ATTENDANCE IS REQUIRED TO FACILITATE THE SERVICE ON ME OF A POSSIBLE ISA DETANTION ORDER ? However, caution is the better part of valour ! I think I will wait for the new government that will be formed by Pakatan Rakyat and being a NEW BROOM THE AG OF A PAKATAN RAKYAT GOVERNMENT WILL BE MORE RECEPTIVE TO ENFORCING THE LAW.
I sincerely THANK Dato Mohd. Raus for his kind response, but I will wait for the next government of Pakatan Rakyat to come to KL and to sue Judge Zainnon binti Mohd Ali, the firm of M/s Lim & Hoh for professional negligence for not opposing Stephen Lim's application for striking out petition in the circumstances, to sue M/s Annad & Noraini (solicitors) for pro-active participation in a conspiracy to pervert the course of justice. conspiracy to fabricate evidence by forgery and perjury, participate in a conspiracy to obtain money by false pretences and conspiracy to retain stolen money obtained by false pretences.
Copy : President of Bar Council, Chief Justice of Malaysia, Judge Managers, Dato Mohd. Raus, Dato James Foong, Dato Zainon and 500 lawyers in KL randomly selected with FAX NUMBERS.
Saturday, March 14, 2009
Malaysians Unplugged Uncensored
Malaysians Unplugged UncensoredTo
Editor of Malaysians unplugged,
Re : Comments to artice 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 na 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 Courtthe respondents to my wife’s Originating Petition, Judge Zainon binti Mohd. Ali has 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 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 be 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 !
Editor of Malaysians unplugged,
Re : Comments to artice 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 na 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 Courtthe respondents to my wife’s Originating Petition, Judge Zainon binti Mohd. Ali has 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 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 be 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 !
Sunday, March 8, 2009
MALAYSIA SLIDING INTO UMNO DICTATORSHIP
UMNO perpetrated a coup d'tate and there is no other way to say it; only the single word COUP D'TATE ! The government of Nizar was formally constituted by elected members of Parliament and having said that, how did this elected government which was properly constituted and had operated the Perak Government prior to the coup d'tate for a year, been locked out of office ? THERE IS NO WAY TO DENY THAT NIZAR'S PROPERLY ELECTED AND LIGITIMATELY FUNCTIONING FOR A YEAR GOVERNMENT WAS LOCKED OUT OF THEIR OFFICES BOTH FIGURATIVELY AND SPEAKING PLAINLY. What would you call such a situation ? COUP D'TATE !
I would say that the Peral constitution had properly provided for such a situation. The constitution had stated that the Perak Ruler had power to appoint but there is no power to SACK the Mentri Besar; and the situation was exactly that in this on going crisis; the Sultan had no powers to sack and for that reason HE ASKED FOR THE RESIGNATION OF NIZAR WHICH HE DID NOT GET BECAUSE NIZAR WAS TOO GUTSY TO ACCEPT CAPITULATION WITHOUT A FIGHT, AND FOR THAT ALL MALAYSIANS MUST DEMONSTRATE THEIR VOTE OF THANKS TO NIZAR AND GIVE HIM 100% SUPPORT.
What do you call the REVOLT BY THE POLICE AND THE WHOLE OF PERAK STATE ADMINISTRATIVE SERVICES, if such rebellious actions is not a straight forward COUP D'TATE ? I believe every one is walking on egg shells because it was the Sultan of Perak who precipitated this constitutional crisis, when he refused to accept the CONSTITUTIONALLY AND CONVENTIONALLY MANDATED PRACTISE OF THE RULER ACCEPTING IN THESE SITUATIONS, THE RECOMMENDATION OF HIS CHIEF MINISTER. It is sheer disingenuity for the Sultan to say that he had spoken to the three government frog MPs and had duely ascertained that they WERE UMNO FRIENDLY INDEPENDANTS. I say again that Sultan Azlan Shah did not DISCHARGE HIS OFFICE ACCORDING TO THE SPIRIT OF THE PERAK CONSTITUTION, because the 3 defactors were from the Pakatan benches and they had campaigned on the Pakatan platform, and since they were voted into parliament on the back of a Pakatan ticket, the Sultan should have returned to the PEOPLE THE POWER TO ELECT THE CANDIDATE OF THEIR CHOICE. WITH DUE RESPECT TO THE SULTAN WHAT HE DID WAS WRONG BECAUSE BY HIS ACTION HE HAD BROUGHT INTO EXISTENCE AN UNELECTED GOVERNMENT OF HIS CHOICE AND THAT BY ANY LANGUAGE IS COUP D'TATE.
The Sultan too is subject to the Constitution and he holds office by the powers vested in him by the Perak State constitution; and he can only act within the powers that the constitution vest in him and nothing more. What Sultan Azlan Shah did was unconstitutional and is an abuse of his powers.
I am merely spelling out in the context of the topic of this article that reality has bitten the Pakatan Rakyat, and that by showing the extent and the depth that UMNO has infected the whole of the Malaysian culture. I hope to tell the people that UMNO has clenched their IRON FIST around the Malaysian machinery of government and that UMNO will not stop to consider what their actions will do to the prestige and stature of the ROYAL HOUSEHOLD so long as they get the short term support of the Sultan. Politics is all about perception and the actions of the Perak Royal Household is not shining too bright after this imbroglio.
UMNO has no qualms about perpetrating coup d'tte if it will perpetuate their everlasting stranggle hold on power. In this context I even doubt that UMNO will care to be seen to be open and fair in the next election because aafter that election, my take is that umno will take dictatorship powers. I say this because Pakatan has already taken a stranggle hold on the people's perception that Pakatan HAS THE OVERWHELMING SUPPORT OF THE PEOPLE. It is true that there is no going back to pre308, and that the Malaysia that will take the stage following the next general election will be formed by the Pakatan. The events that dog the Perak state government will be repeated by the intransigence of the UMNO and as I said earlier, the Malaysian political culture is distorted to the extend that the whole of the government machinery cannot think of a government that is not UMNO led.
The only way to defeat this malaise is to give Pakatan Rakyat overwhelming support, go out and tell all that you come into contact to give absolute support to the Pakatan and that if we allow the UMNO to win this time again then all is lost; THERE WILL BE NO NEXT TIME FOR AN ELECTION; Malaysia will by then be a dictatorship by UMNO ! Only a mass movement that give absolute support to the Pakatan Rakyat will save Malaysia !
REMEMBER THERE IS MORE THAN JUST THE NEED FOR reformasi ! out there! There is an urgent and dire call for PEOPLE DEFENSE FOR DEMOCRACY ! It is the final call to defend democracy by massive people power in defense of FREEDOM AND TO REPEL CREEPING DICTATORSHIP !
I would say that the Peral constitution had properly provided for such a situation. The constitution had stated that the Perak Ruler had power to appoint but there is no power to SACK the Mentri Besar; and the situation was exactly that in this on going crisis; the Sultan had no powers to sack and for that reason HE ASKED FOR THE RESIGNATION OF NIZAR WHICH HE DID NOT GET BECAUSE NIZAR WAS TOO GUTSY TO ACCEPT CAPITULATION WITHOUT A FIGHT, AND FOR THAT ALL MALAYSIANS MUST DEMONSTRATE THEIR VOTE OF THANKS TO NIZAR AND GIVE HIM 100% SUPPORT.
What do you call the REVOLT BY THE POLICE AND THE WHOLE OF PERAK STATE ADMINISTRATIVE SERVICES, if such rebellious actions is not a straight forward COUP D'TATE ? I believe every one is walking on egg shells because it was the Sultan of Perak who precipitated this constitutional crisis, when he refused to accept the CONSTITUTIONALLY AND CONVENTIONALLY MANDATED PRACTISE OF THE RULER ACCEPTING IN THESE SITUATIONS, THE RECOMMENDATION OF HIS CHIEF MINISTER. It is sheer disingenuity for the Sultan to say that he had spoken to the three government frog MPs and had duely ascertained that they WERE UMNO FRIENDLY INDEPENDANTS. I say again that Sultan Azlan Shah did not DISCHARGE HIS OFFICE ACCORDING TO THE SPIRIT OF THE PERAK CONSTITUTION, because the 3 defactors were from the Pakatan benches and they had campaigned on the Pakatan platform, and since they were voted into parliament on the back of a Pakatan ticket, the Sultan should have returned to the PEOPLE THE POWER TO ELECT THE CANDIDATE OF THEIR CHOICE. WITH DUE RESPECT TO THE SULTAN WHAT HE DID WAS WRONG BECAUSE BY HIS ACTION HE HAD BROUGHT INTO EXISTENCE AN UNELECTED GOVERNMENT OF HIS CHOICE AND THAT BY ANY LANGUAGE IS COUP D'TATE.
The Sultan too is subject to the Constitution and he holds office by the powers vested in him by the Perak State constitution; and he can only act within the powers that the constitution vest in him and nothing more. What Sultan Azlan Shah did was unconstitutional and is an abuse of his powers.
I am merely spelling out in the context of the topic of this article that reality has bitten the Pakatan Rakyat, and that by showing the extent and the depth that UMNO has infected the whole of the Malaysian culture. I hope to tell the people that UMNO has clenched their IRON FIST around the Malaysian machinery of government and that UMNO will not stop to consider what their actions will do to the prestige and stature of the ROYAL HOUSEHOLD so long as they get the short term support of the Sultan. Politics is all about perception and the actions of the Perak Royal Household is not shining too bright after this imbroglio.
UMNO has no qualms about perpetrating coup d'tte if it will perpetuate their everlasting stranggle hold on power. In this context I even doubt that UMNO will care to be seen to be open and fair in the next election because aafter that election, my take is that umno will take dictatorship powers. I say this because Pakatan has already taken a stranggle hold on the people's perception that Pakatan HAS THE OVERWHELMING SUPPORT OF THE PEOPLE. It is true that there is no going back to pre308, and that the Malaysia that will take the stage following the next general election will be formed by the Pakatan. The events that dog the Perak state government will be repeated by the intransigence of the UMNO and as I said earlier, the Malaysian political culture is distorted to the extend that the whole of the government machinery cannot think of a government that is not UMNO led.
The only way to defeat this malaise is to give Pakatan Rakyat overwhelming support, go out and tell all that you come into contact to give absolute support to the Pakatan and that if we allow the UMNO to win this time again then all is lost; THERE WILL BE NO NEXT TIME FOR AN ELECTION; Malaysia will by then be a dictatorship by UMNO ! Only a mass movement that give absolute support to the Pakatan Rakyat will save Malaysia !
REMEMBER THERE IS MORE THAN JUST THE NEED FOR reformasi ! out there! There is an urgent and dire call for PEOPLE DEFENSE FOR DEMOCRACY ! It is the final call to defend democracy by massive people power in defense of FREEDOM AND TO REPEL CREEPING DICTATORSHIP !
Friday, August 15, 2008
Article by ktemoc.com on the criminal behaviour of President of Court of Appeal
I received a message from some one of an article written & published by Ktemoc in his blog relating the criminal behaviour of Tan Seri Zaki Azmi which I believe you should all read. I set up this blog to expose the criminal behaviour of Judge Zainon binti Mohd. Ali and I believe it is relevant to publish any material that exposes the criminal behaviour of any judge in Malaysia because without an honest Judiciary a nation becomes DYSFUNCTUAL ! I am a victime of the criminal behaviour of this Judge Zainon binti Mohd. Ali and I will keep on writing to expose her criminality. However I am publishing the article published by Ktemoc relating the criminal behaviour of Judge Tan Seri Zaki Azmi.
Read below ! My blog is at http://yap.chongyee.blogspot.com.
Thursday, December 13, 2007
Zaki Azmi as Chief Justice - 2 different perspectives
As a Penangite I always have a soft spot for The Star because I look fondly upon it as a Penang newspaper – yes, once as a young kid I was a Star newspaper boy selling copies to adults to earn the odd ringgit or so.
A couple of days ago I read sweetie Chelsea Ng's write-up on the new top appointments in the judiciary. She wrote:
The Prime Minister brought very good news when he announced the appointment of two respectable personalities to fill the top two posts in the judiciary. This could see a start to a healthier epoch for the oft-criticised institution.
"... brought very good news ..."? "... healthier epoch ..."?
Yes, dear Chelsea was talking about Abdul Hamid Mohamad's elevation to the post of Chief Justice, and get this ... :( ... Zaki Azmi as the No 2 man on the Bench.
OK, forget about Abdul Hamid Mohamad – it's the No 2 who'll be No 1 in around 9 months that I want to talk about. Continuing with some extracts of what the sweetie wrote:
Zaki's unprecedented leap to the Federal Court and, shortly after that, to the number two position in the judiciary has raised many eyebrows in the legal fraternity. While most people agree that he would make a very good judge – he has fortitude and intellect – some thought that his appointment would serve as a clear example of the need for some sort of a Judicial Appointment Commission.
However, we should not be too troubled by this view. The fact that many thought that both these top two judges were the best choice proves that the Prime Minister and the King must have consulted quite a few right people beforehand.
"... many thought ..." that Zaki was the best choice for the No 2 going on to No 1?
Who have been these 'many' so-called thinking people ... other than UMNO? The MCA?
Continuing with Cheryl's Chelsea's mythology ...
This is definitely a good sign for the judiciary.
"... good sign ..." hahahahahahahhaahhahaha, where did sweetie Cheryl Chelsea come from? Yes, yes, yes, ..... from the Star hahahahhahahahahahahaha
Hey my dear, this was what Kim Quek wrote in Malaysiakini about Zaki Azmi, Judicial rot: From one nightmare to another?, a title that's surely self explanatory on Kim's opinion of the new No 2 soon to be No 1 Judge. Extracts of his article are:
In fact, when Zaki was appointed a Federal Court judge in September, he was instantly recognized at home and abroad as the person planted to the highest court to succeed Fairuz, whose request for a six-month extension of service beyond his mandatory retirement on Oct 31 was not accepted by the Yang di-Pertuan Agong.
Such instant recognition of Zaki's mission came from his deep involvement with Umno as a key party player. He was chairman of the party's election committee, deputy chairman of its disciplinary board of appeal, party legal adviser etc.
As Umno's legal man, he was involved with the party's myriad of scandalous financial misadventures that were bailed out by the government in the heydays of Mahathir's crony-capitalism during the last Asian financial crisis. One prominent example is the RM3 billion loan scam in the disastrous acquisition of Philippines' National Steel Corp (NS) by Umno's financial proxy Halim Saad.
When the shares of NS became scrap, four top Malaysian banks were made to stomach the entire RM3 billion losses. And Zaki was then a director of the investment vehicle - Hottick Investment Ltd of Hong Kong – which borrowed the RM3 billion and embarked on the acquisition of NS.
Well, dear Cheryl Chelsea, is Zaki's entry into the upper echelon of the bench still a 'good sign'? ;-)
But Cheryl Chelsea shocked, nay, shattered me with what she said next:
Perhaps it is also timely for us to remind ourselves here that independent decisions should not necessarily be those that are anti-government or anti-establishment. Many have perceived judge's independence wrongly by equating anti-establishment with objectivity. We are not seeking judges who run down the country or its people using court proceedings or judgments.
Fair enough, up to this stage. Now, for the unbelievable:
A retired senior judge, known for his independence and judicial brilliance, once made it clear that the Internal Security Act (ISA) could not be abolished.
How true. It may be a draconian legislation but it is sometimes necessary to bring peace and stability to a country during trying times.
The eminent judge had said that good judges would not resort to using such a law during peaceful time but would not hesitate supporting its use during periods of anarchy.
Cheryl Chelsea oh Cheryl Chelsea, you broke me poor heart by your sad silly and sorry argument for the ISA. Well, apart from that, why don't you name that retired 'eminent judge' instead of no-name dropping all over, or is this the new Star style of journalism?
And then she ended with: Now with our judiciary looking like it is on the road to recovery, we will be expecting the emergence of more independent judgments.
Hahahhahahaha sob sob sob ........
Did I mention I've always had a soft spot for The Star because I look upon it fondly as a Penang newspaper – yes, I did say too I used to be a Star newspaper boy selling the papers to adults - but Cheryl Chelsea has finally destroyed that fond impression of many years standing.
Kim Quek tells us more:
Apart from acting as Umno's nominee, Zaki also has held directorship in scores of major companies including some of the most well known names such as Berjaya, Metacorp, Pan Global, SP Setia, Malaysia Airports, Hume, Matsushita Electric, Pharmaniaga etc. Zaki was reported by Bernama on April 21 this year to have said that his 58% owned Emrail Sdn Bhd, a railway specialist company, had only the government as employer, and that he was earnestly soliciting contracts in the northern and southern portions of the double-tracking project to turn the cash-strapped Emrail around.
Such political and business background would already have made him a poor candidate for any judicial appointment, Zaki is battered by yet another serious handicap – the question of his moral integrity arising from his controversial marriage and divorce from his second wife Nor Hayati Yahaya, who was half his age.
Now, the second paragraph is the part I don't like to read about, in the same way I don't want to read about the salacious sorry sordid allegations of Anwar Ibrahim and his sexual proclivity, because it's totally irrelevant to my take on who makes a good, reliable and reasonably honest leader. I have been judging Anwar only on his past policies and political track record, full stop.
However, one incident about Zaki's second marriage caught my eye 'ere I skipped over the offending paragraphs:
Zaki married Nor Hayati in a ceremony conducted by a kadi from Thailand in a textile shop in Perlis in March 2005. They separated three months later. In the messy divorce that ensued, it was revealed that Zaki burned the original marriage certificate to hide the marriage from his first wife. Further, the marriage was ruled by the Syariah Court as illegal.
Above underlining mine – a person who would go to that extent must be still in love with the original wife ;-) because they say Omnia Vincit Amor (Love conquers all), even unto the naughty act of burning marriage certificate - but we aren't talking about issues of passion here but rather, Malaysia's top judicial appointment.
Should such a person, taken to burning his marriage certificate (with his second wife) to hide same from (No 1) wife, be a judge?
Continuing ...
Following the revelation of Zaki's marital trouble, he resigned as deputy chairman of Umno's disciplinary board, for which he commented: "Considering that members of the disciplinary board are of the highest integrity, I have made this decision following reports in the media …." (New Straits Times, 9 Aug 2005)
The question we must ask now is: If Zaki is morally unfit to serve in Umno's disciplinary board, how could he be considered morally fit to be a federal court judge, not to mention his lightning elevation to the No.2 position, and anticipated imminent rise to the top job in the judiciary?
Now, I know Kim Quek is from the PKR and I normally read articles written by politicians with some caution, but I have to say in Kim's unfolding of his case against Zaki, it's a damn good question – a very relevant and important query given Zaki is being fast tracked for the top judicial position.
Yes, if Zaki is morally unfit even to serve on Umno's disciplinary board, good lord, how could he ever be considered morally fit to be a federal court judge?
Kim asked in disgust: Is this country so poor in legal talent and integrity that we have no choice but to appoint someone so glaringly unsuited for such important judicial position arising from his multiple conflicts of interests and questionable integrity?
If not, then why did the prime minister make such a move? If it is not to advance the prime minister's and Umno's interests, then what motivated such an appointment?
Another damn good question, that is, if Big Ears are listening at all. And P Ramakrishnan wrote a letter to Malaysiakini titled Zaki - no saving grace for the judiciary where he too asked:
We are indeed shocked that a person so junior in rank with nothing outstanding about him should now outrank all the serving senior judges, some of whom are most deserving of this exalted position. It is very disturbing that Zaki is set to become the next chief justice within a year. Is the prime minister telling the entire nation that there are no better judges in terms of seniority, experience, diligence and integrity on the bench that can be considered for this top post? It would be laughable if someone were to answer "Yes" to this question.
The battered image of the judiciary will not be improved by this shocking appointment that goes against the grain of public opinion. It is a pity that good sense has failed to prevail. When the judiciary is low on public opinion, it is a terrible mistake to parachute someone so closely associated with Umno to the top position. This appointment smacks of political intervention to safeguard the interests of the executive rather than to protect the integrity of the judiciary. It is no wonder that many eyebrows were raised when the announcement was made public.
Kim continued: We have already seen in the infamous Lingam video clip how the former chief justice betrayed his oath of allegiance to the country and the Constitution by crawling to serve the parochial interests of his political and business masters, thus confirming the common knowledge of the depth of degradation our judiciary has sunk.
Ouch and double, triple ouch!
I won't torture you dear readers anymore but to end with these two paragraphs of Kim's:
Taking cue from this observation, Zaki's appointment is an unmitigated disaster, as even if he has the superhuman capability to totally severe his umbilical cord to the ruling party and his commercial interests to eliminate conflict of interests, there is still the insurmountable problem of public perception. With Zaki's questionable background, there is no way he can command complete public confidence, particularly when the interests of Umno or his businesses are involved.
Coming at a time when Malaysia's competitiveness is fast losing ground, which has been contributed in no small way by its worsening judiciary image, such a daring raid on the sanctimonious ground of neutrality as the judiciary through planting a party stalwart to take over its control is destined to bring ruinous consequences to this country. Not even in the height of Mahathir's autocracy would such a reckless adventure be contemplated.
Dear Cheryl Chelsea Ng, this is serious, we better have a word or two together on what you have written.
Related:
The Dream Team in the Judiciary from BolehTalk.
posted by KTemoc at 5:22 AM
15 Comments:
wits0 said...
When the chances of raising a Lazarus appears slim with a Jocelyn, try a Chelsea, mah.
8:40 AM, December 13, 2007
Anonymous said...
Zaki the UMNO lawyer was at one time deemed morally unfit not to sit on the UMNO disciplinary committee.
Apparently he burnt his wedding certficate when `illegally` taking a second wife.
9:35 AM, December 13, 2007
Anonymous said...
Oh, neither the cheryl nor the jocelyn were the 2nd wife nor the 1st wife.
Of course. the Star is setting a new wave of thinking. They should hasten the process by employing mat rempits to counteract Ronald Quay`s letter on M`kini ripping apart VK Chin.
9:42 AM, December 13, 2007
Anonymous said...
Today`s Sun has reported in detail the suit filed by Tan Sri Chong Kah Kiat.
The Star has left certain `sensitive` details out.
9:49 AM, December 13, 2007
lucia said...
mental jog
well with zaki going to be CJ in 9 months time, maybe we can look forward to another 'lingam phone' drama.
11:18 AM, December 13, 2007
Anonymous said...
what chreyl wrote is no mythology. its the STAR way to be the mouthpiece of the government.
kaytee, you are just normal having the soft spot for this paper. nostalgia abounds and is onyl human. but its history. its no longer the people's paper. its the government's paper now. just as law and order is on a slippery descending road, so is the credibility of this government's paper.
12:19 PM, December 13, 2007
Anonymous said...
Sabah Mufti's Fatwa: Buddhist Statues are HARAM (FORBIDDEN)
http://malaysianunplug.blogspot.com/2007/12/sabah-muftis-fatwa-buddhist-statues-are.html
12:24 PM, December 13, 2007
Anonymous said...
Apparently, someone deserves it today. As reluctant as I am to drag in a religious figure, I'm a fair guy who'll give it to whoever he or she is, regardless of race, color and creed. This award goes to the state mufti, Datuk Haji Ahmad Alawi Haji Adnanof of non-Islamic Sabah in a non-Islamic Malaysia for issuing a Taliban-styled fatwa (religious edict) against the erection of religious statutes in Sabah state.
http://thieneleventhhour.blogspot.com/2007/12/worst-bigot-award.html
12:27 PM, December 13, 2007
DarnMalaysia.com said...
That's the reason why when I read journalistic opinions like that in the star, I feel like puking my guts out. Especially when I read Joceline's "try to be neutral but can't really" articles.
2:54 PM, December 13, 2007
freelunch2020 said...
i was def rolling in laughter after chelsea's article. poor gal, prob 'forced' to write it using her once 'good' name...that's all it takes...one 'joker' article like that.....
3:42 PM, December 13, 2007
freelunch2020 said...
joceline is still fairly objective, she knows that she can't do an overkill
3:43 PM, December 13, 2007
Anonymous said...
When the former pariah CJ hiding his tail on his way out, we hanve another smarter homegrown pariah wolf coming in.... Poor good malaysian, dont you ever think of bringing suits of prominent pariah tycoon/politian/directors... into the local courts... Save ur time and monies for the African famine.....
4:24 PM, December 13, 2007
mstypo said...
ktemoc,
the reporter's name, the sweetie, is chelsea? Later on you referred to her as cheryl.
Which is it?
4:30 PM, December 13, 2007
KTemoc said...
mstypo, you're the only who spotted my 'deliberate' mistake ;-) - aiyah I was so broken hearted that I became confused half way through my writing - sob, it's Chelsea lah - what a sweet name yet ... sob sob sob ...
5:09 PM, December 13, 2007
jello said...
a poaching gamekeeper........
5:34 PM, December 14, 2007
Post a Comment
<< Home
About Me
Name: KTemoc
Location: Penang, Penang
View my complete profile
Email me
Previous Posts
A tale of two prime ministers
Uneasy lies the head that wears a crown
Threatening national security with your sneeze!
Mental makeup of AAB & his harshness towards Hindr...
EC: Only one 'regime' capable of running country
Hindraf & Bar Council - when the going gets tough
Hindraf - Flogging shall continue until morale imp...
Bush's lies about Iran - déjà vu denied?
Lim Kit Siang: "A very strange phenomenon in BN"!
Abdul Rahim Tamby Chik's Ketuanan Melayu via mache...
--------------------------------------------------------------------------------
Read below ! My blog is at http://yap.chongyee.blogspot.com.
Thursday, December 13, 2007
Zaki Azmi as Chief Justice - 2 different perspectives
As a Penangite I always have a soft spot for The Star because I look fondly upon it as a Penang newspaper – yes, once as a young kid I was a Star newspaper boy selling copies to adults to earn the odd ringgit or so.
A couple of days ago I read sweetie Chelsea Ng's write-up on the new top appointments in the judiciary. She wrote:
The Prime Minister brought very good news when he announced the appointment of two respectable personalities to fill the top two posts in the judiciary. This could see a start to a healthier epoch for the oft-criticised institution.
"... brought very good news ..."? "... healthier epoch ..."?
Yes, dear Chelsea was talking about Abdul Hamid Mohamad's elevation to the post of Chief Justice, and get this ... :( ... Zaki Azmi as the No 2 man on the Bench.
OK, forget about Abdul Hamid Mohamad – it's the No 2 who'll be No 1 in around 9 months that I want to talk about. Continuing with some extracts of what the sweetie wrote:
Zaki's unprecedented leap to the Federal Court and, shortly after that, to the number two position in the judiciary has raised many eyebrows in the legal fraternity. While most people agree that he would make a very good judge – he has fortitude and intellect – some thought that his appointment would serve as a clear example of the need for some sort of a Judicial Appointment Commission.
However, we should not be too troubled by this view. The fact that many thought that both these top two judges were the best choice proves that the Prime Minister and the King must have consulted quite a few right people beforehand.
"... many thought ..." that Zaki was the best choice for the No 2 going on to No 1?
Who have been these 'many' so-called thinking people ... other than UMNO? The MCA?
Continuing with Cheryl's Chelsea's mythology ...
This is definitely a good sign for the judiciary.
"... good sign ..." hahahahahahahhaahhahaha, where did sweetie Cheryl Chelsea come from? Yes, yes, yes, ..... from the Star hahahahhahahahahahahaha
Hey my dear, this was what Kim Quek wrote in Malaysiakini about Zaki Azmi, Judicial rot: From one nightmare to another?, a title that's surely self explanatory on Kim's opinion of the new No 2 soon to be No 1 Judge. Extracts of his article are:
In fact, when Zaki was appointed a Federal Court judge in September, he was instantly recognized at home and abroad as the person planted to the highest court to succeed Fairuz, whose request for a six-month extension of service beyond his mandatory retirement on Oct 31 was not accepted by the Yang di-Pertuan Agong.
Such instant recognition of Zaki's mission came from his deep involvement with Umno as a key party player. He was chairman of the party's election committee, deputy chairman of its disciplinary board of appeal, party legal adviser etc.
As Umno's legal man, he was involved with the party's myriad of scandalous financial misadventures that were bailed out by the government in the heydays of Mahathir's crony-capitalism during the last Asian financial crisis. One prominent example is the RM3 billion loan scam in the disastrous acquisition of Philippines' National Steel Corp (NS) by Umno's financial proxy Halim Saad.
When the shares of NS became scrap, four top Malaysian banks were made to stomach the entire RM3 billion losses. And Zaki was then a director of the investment vehicle - Hottick Investment Ltd of Hong Kong – which borrowed the RM3 billion and embarked on the acquisition of NS.
Well, dear Cheryl Chelsea, is Zaki's entry into the upper echelon of the bench still a 'good sign'? ;-)
But Cheryl Chelsea shocked, nay, shattered me with what she said next:
Perhaps it is also timely for us to remind ourselves here that independent decisions should not necessarily be those that are anti-government or anti-establishment. Many have perceived judge's independence wrongly by equating anti-establishment with objectivity. We are not seeking judges who run down the country or its people using court proceedings or judgments.
Fair enough, up to this stage. Now, for the unbelievable:
A retired senior judge, known for his independence and judicial brilliance, once made it clear that the Internal Security Act (ISA) could not be abolished.
How true. It may be a draconian legislation but it is sometimes necessary to bring peace and stability to a country during trying times.
The eminent judge had said that good judges would not resort to using such a law during peaceful time but would not hesitate supporting its use during periods of anarchy.
Cheryl Chelsea oh Cheryl Chelsea, you broke me poor heart by your sad silly and sorry argument for the ISA. Well, apart from that, why don't you name that retired 'eminent judge' instead of no-name dropping all over, or is this the new Star style of journalism?
And then she ended with: Now with our judiciary looking like it is on the road to recovery, we will be expecting the emergence of more independent judgments.
Hahahhahahaha sob sob sob ........
Did I mention I've always had a soft spot for The Star because I look upon it fondly as a Penang newspaper – yes, I did say too I used to be a Star newspaper boy selling the papers to adults - but Cheryl Chelsea has finally destroyed that fond impression of many years standing.
Kim Quek tells us more:
Apart from acting as Umno's nominee, Zaki also has held directorship in scores of major companies including some of the most well known names such as Berjaya, Metacorp, Pan Global, SP Setia, Malaysia Airports, Hume, Matsushita Electric, Pharmaniaga etc. Zaki was reported by Bernama on April 21 this year to have said that his 58% owned Emrail Sdn Bhd, a railway specialist company, had only the government as employer, and that he was earnestly soliciting contracts in the northern and southern portions of the double-tracking project to turn the cash-strapped Emrail around.
Such political and business background would already have made him a poor candidate for any judicial appointment, Zaki is battered by yet another serious handicap – the question of his moral integrity arising from his controversial marriage and divorce from his second wife Nor Hayati Yahaya, who was half his age.
Now, the second paragraph is the part I don't like to read about, in the same way I don't want to read about the salacious sorry sordid allegations of Anwar Ibrahim and his sexual proclivity, because it's totally irrelevant to my take on who makes a good, reliable and reasonably honest leader. I have been judging Anwar only on his past policies and political track record, full stop.
However, one incident about Zaki's second marriage caught my eye 'ere I skipped over the offending paragraphs:
Zaki married Nor Hayati in a ceremony conducted by a kadi from Thailand in a textile shop in Perlis in March 2005. They separated three months later. In the messy divorce that ensued, it was revealed that Zaki burned the original marriage certificate to hide the marriage from his first wife. Further, the marriage was ruled by the Syariah Court as illegal.
Above underlining mine – a person who would go to that extent must be still in love with the original wife ;-) because they say Omnia Vincit Amor (Love conquers all), even unto the naughty act of burning marriage certificate - but we aren't talking about issues of passion here but rather, Malaysia's top judicial appointment.
Should such a person, taken to burning his marriage certificate (with his second wife) to hide same from (No 1) wife, be a judge?
Continuing ...
Following the revelation of Zaki's marital trouble, he resigned as deputy chairman of Umno's disciplinary board, for which he commented: "Considering that members of the disciplinary board are of the highest integrity, I have made this decision following reports in the media …." (New Straits Times, 9 Aug 2005)
The question we must ask now is: If Zaki is morally unfit to serve in Umno's disciplinary board, how could he be considered morally fit to be a federal court judge, not to mention his lightning elevation to the No.2 position, and anticipated imminent rise to the top job in the judiciary?
Now, I know Kim Quek is from the PKR and I normally read articles written by politicians with some caution, but I have to say in Kim's unfolding of his case against Zaki, it's a damn good question – a very relevant and important query given Zaki is being fast tracked for the top judicial position.
Yes, if Zaki is morally unfit even to serve on Umno's disciplinary board, good lord, how could he ever be considered morally fit to be a federal court judge?
Kim asked in disgust: Is this country so poor in legal talent and integrity that we have no choice but to appoint someone so glaringly unsuited for such important judicial position arising from his multiple conflicts of interests and questionable integrity?
If not, then why did the prime minister make such a move? If it is not to advance the prime minister's and Umno's interests, then what motivated such an appointment?
Another damn good question, that is, if Big Ears are listening at all. And P Ramakrishnan wrote a letter to Malaysiakini titled Zaki - no saving grace for the judiciary where he too asked:
We are indeed shocked that a person so junior in rank with nothing outstanding about him should now outrank all the serving senior judges, some of whom are most deserving of this exalted position. It is very disturbing that Zaki is set to become the next chief justice within a year. Is the prime minister telling the entire nation that there are no better judges in terms of seniority, experience, diligence and integrity on the bench that can be considered for this top post? It would be laughable if someone were to answer "Yes" to this question.
The battered image of the judiciary will not be improved by this shocking appointment that goes against the grain of public opinion. It is a pity that good sense has failed to prevail. When the judiciary is low on public opinion, it is a terrible mistake to parachute someone so closely associated with Umno to the top position. This appointment smacks of political intervention to safeguard the interests of the executive rather than to protect the integrity of the judiciary. It is no wonder that many eyebrows were raised when the announcement was made public.
Kim continued: We have already seen in the infamous Lingam video clip how the former chief justice betrayed his oath of allegiance to the country and the Constitution by crawling to serve the parochial interests of his political and business masters, thus confirming the common knowledge of the depth of degradation our judiciary has sunk.
Ouch and double, triple ouch!
I won't torture you dear readers anymore but to end with these two paragraphs of Kim's:
Taking cue from this observation, Zaki's appointment is an unmitigated disaster, as even if he has the superhuman capability to totally severe his umbilical cord to the ruling party and his commercial interests to eliminate conflict of interests, there is still the insurmountable problem of public perception. With Zaki's questionable background, there is no way he can command complete public confidence, particularly when the interests of Umno or his businesses are involved.
Coming at a time when Malaysia's competitiveness is fast losing ground, which has been contributed in no small way by its worsening judiciary image, such a daring raid on the sanctimonious ground of neutrality as the judiciary through planting a party stalwart to take over its control is destined to bring ruinous consequences to this country. Not even in the height of Mahathir's autocracy would such a reckless adventure be contemplated.
Dear Cheryl Chelsea Ng, this is serious, we better have a word or two together on what you have written.
Related:
The Dream Team in the Judiciary from BolehTalk.
posted by KTemoc at 5:22 AM
15 Comments:
wits0 said...
When the chances of raising a Lazarus appears slim with a Jocelyn, try a Chelsea, mah.
8:40 AM, December 13, 2007
Anonymous said...
Zaki the UMNO lawyer was at one time deemed morally unfit not to sit on the UMNO disciplinary committee.
Apparently he burnt his wedding certficate when `illegally` taking a second wife.
9:35 AM, December 13, 2007
Anonymous said...
Oh, neither the cheryl nor the jocelyn were the 2nd wife nor the 1st wife.
Of course. the Star is setting a new wave of thinking. They should hasten the process by employing mat rempits to counteract Ronald Quay`s letter on M`kini ripping apart VK Chin.
9:42 AM, December 13, 2007
Anonymous said...
Today`s Sun has reported in detail the suit filed by Tan Sri Chong Kah Kiat.
The Star has left certain `sensitive` details out.
9:49 AM, December 13, 2007
lucia said...
mental jog
well with zaki going to be CJ in 9 months time, maybe we can look forward to another 'lingam phone' drama.
11:18 AM, December 13, 2007
Anonymous said...
what chreyl wrote is no mythology. its the STAR way to be the mouthpiece of the government.
kaytee, you are just normal having the soft spot for this paper. nostalgia abounds and is onyl human. but its history. its no longer the people's paper. its the government's paper now. just as law and order is on a slippery descending road, so is the credibility of this government's paper.
12:19 PM, December 13, 2007
Anonymous said...
Sabah Mufti's Fatwa: Buddhist Statues are HARAM (FORBIDDEN)
http://malaysianunplug.blogspot.com/2007/12/sabah-muftis-fatwa-buddhist-statues-are.html
12:24 PM, December 13, 2007
Anonymous said...
Apparently, someone deserves it today. As reluctant as I am to drag in a religious figure, I'm a fair guy who'll give it to whoever he or she is, regardless of race, color and creed. This award goes to the state mufti, Datuk Haji Ahmad Alawi Haji Adnanof of non-Islamic Sabah in a non-Islamic Malaysia for issuing a Taliban-styled fatwa (religious edict) against the erection of religious statutes in Sabah state.
http://thieneleventhhour.blogspot.com/2007/12/worst-bigot-award.html
12:27 PM, December 13, 2007
DarnMalaysia.com said...
That's the reason why when I read journalistic opinions like that in the star, I feel like puking my guts out. Especially when I read Joceline's "try to be neutral but can't really" articles.
2:54 PM, December 13, 2007
freelunch2020 said...
i was def rolling in laughter after chelsea's article. poor gal, prob 'forced' to write it using her once 'good' name...that's all it takes...one 'joker' article like that.....
3:42 PM, December 13, 2007
freelunch2020 said...
joceline is still fairly objective, she knows that she can't do an overkill
3:43 PM, December 13, 2007
Anonymous said...
When the former pariah CJ hiding his tail on his way out, we hanve another smarter homegrown pariah wolf coming in.... Poor good malaysian, dont you ever think of bringing suits of prominent pariah tycoon/politian/directors... into the local courts... Save ur time and monies for the African famine.....
4:24 PM, December 13, 2007
mstypo said...
ktemoc,
the reporter's name, the sweetie, is chelsea? Later on you referred to her as cheryl.
Which is it?
4:30 PM, December 13, 2007
KTemoc said...
mstypo, you're the only who spotted my 'deliberate' mistake ;-) - aiyah I was so broken hearted that I became confused half way through my writing - sob, it's Chelsea lah - what a sweet name yet ... sob sob sob ...
5:09 PM, December 13, 2007
jello said...
a poaching gamekeeper........
5:34 PM, December 14, 2007
Post a Comment
<< Home
About Me
Name: KTemoc
Location: Penang, Penang
View my complete profile
Email me
Previous Posts
A tale of two prime ministers
Uneasy lies the head that wears a crown
Threatening national security with your sneeze!
Mental makeup of AAB & his harshness towards Hindr...
EC: Only one 'regime' capable of running country
Hindraf & Bar Council - when the going gets tough
Hindraf - Flogging shall continue until morale imp...
Bush's lies about Iran - déjà vu denied?
Lim Kit Siang: "A very strange phenomenon in BN"!
Abdul Rahim Tamby Chik's Ketuanan Melayu via mache...
--------------------------------------------------------------------------------
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