Government-Palace discords not new in M'sia
Latent discords or even open conflicts between the sultans and their respective royal courts on one hand, and the Federal Government and the Menteri Besar and their state administrations it supports on the other, is actually not new. Dr. Harold Crouch's Government & Society in Malaysia (New York, Cornell University Press, 1996) have recorded and also analysed some such major cases and the causes in the past. What is new in the current situation is that the re-assertion of royal powers happens at a moment when Umno has been weakened on an unprecedented scale in the general election concluded two weeks ago. Government & Society in Malaysia, a very insightful discourse of the fundamentals of Malaysia's political system or polity, is still publicly available for sale in major bookshops like Kinokuniya and Borders.
Time to bury ghost of May 13 for a new M' sia
Time to bury ghost of May 13 for a new M' sia
posted by James Wong Wing-On at 1:47 AM
1 Comments:
Yapchongyee,
5a Prinsep Road,
Attadale, WA6156
Email : ychongyee@yahoo.com
Blogg. :http://yap.chongyee.blogspot.com
LETTER TO MINISTER OF LAW :YAB ZAID IBRAHIM
Dear YAB. TAN SERI ZAID IBRAHIM
I have been trying over a period 2 years to publicise the abuse of power by Court of Appeal Judge Dato Zainon binti Mohd. Ali. She adjudicated my wife’s case Re : Originating Petition No. D2-26-41 OF 2001 ; Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd
I graduated in law from the University of Singapore in 1967 and practised at the Malaysian Bar from 1968 to 1978 when I emigrated to Australia. Therefore, I do have a professional knowledge of the law of Malaysia.
In 2001 my wife took out a petition in the KL High Court and the said petition was adjudicated by Judge Dato Zainon binti Mohd. Ali. She abused her power as the presiding judge and acted to AID & ABET THE THREE respondents Stephen Lim Cheng Ban, Wong Kem Chen and Kwong Sea yoon. The respondents perjured in their supporting affidavits applying for security for costs and Stephen Lim in a subsequent and 2nd APLICATION FOR STRIKING OUT SAID PETITION supported his application for striking out with documents that were clearly forged but Judge Zainon binti Mohd. Ali unjustly forbid & refused my wife’s application for leave to cross examine the respondents both for PERJURY & FORGERY on their supporting affidavits; in spite of my wife’s affidavits charging respondents for the said criminal offences and she supported her supporting affidavits with COPIES OF 3 POLICE reports charging respondents with perjury & forgery
Please take particular notice that the security for costs was enforced by respondents and my wife paid to respondents ringgit 60,000 in accordance with terms of court Order; and after payment of said security for costs; judge Zainon binti Mohd. Ali went on to approve the respondents 2nd application for striking out of petition WITHOUT EVEN AN ORDER TO SET ASIDE THE ORDER FOR SECURITY FOR COSTS. For the purpose of this letter only because I intend to publish this letter on the internet I will charge Judge Dato Zainon binti Mohd. Ali for having committed the OFFENCE OF MALFEASANCE Judge Zainon binti Mohd. Ali is deemed to have committed the offence of Malfeasance because she refused to give leave to my wife to cross examine the respondents Stephen Lim Cheng Ban for fabricating false evidence, perjury, in the case of Wong Kem Chen and Kwong Sea Yoon for perjury. She also is deemed to have committed Malfeasance when as refused to set down said petition for hearing AFTER MY WIFE HAD PAID RINGGIT 60,000 TOWARDS ENFORCING ORDER FOR SECURITY FOR COSTS. Please take note that the offence of Malfeasance is committed by the act of omission and in this case, the most obvious case is that of her refusal to set the petition for hearing AFTER SECURITY FOR COSTS IS PAID.
I have openly stated that Judge Zainon binti Mohd. Ali is because the EVIDENCE THAT WILL CONVICT HER FOR THE OFFENCE ALREADY EXIST IN THE COURT FILES OF SAID PETITION’ namely, the 2 conflicting court orders for security for costs and order for striking out said petition existing together and without any order for setting aside of the 1st order for security for costs. I have done this so that it will be a defence for anyone who will publish this letter that he is stating the truth.
Since the unlawful & illegal treatment by Judge Zainon binti Mohd. Ali I have taken to CAMPAIGNING FOR A DECENT AND ETHICAL AND HONEST JUDICIARY. I also believe that an INDEPENDANT JUDICIARY CAN BE PUT IN PLACE EVEN AS WE SPEAK, BECAUSE JUDGE ZAINON BINTI MOHD. ALI HAD IN THE COURSE OF HER PERFORMANCE ON THE BENCH WHEN ADJUCATING MY WIFE'S PETITION HAD COMMITTED CRIMINAL OFFENCES FOR WHICH SHE IS REQUIRED TO FACE CRIMINAL CHARGES.
I read in Mr Din Merican’s posts that your excellency had written a book that touted the need for judicial independence (although I have not read your book), and I am publishing this letter on the internet. You have been appointed by PM to restore the DIGNITY AND PROFESSIONLISM AND ETHICS OF THE MALAYSIAN JUDICIARY. From my perspective there is no need to reform anything because the laws of Malaysia is sufficiently adequate to be the basis of a just and law abiding society, BUT WHAT IS NEEDED IS RESPECT OF THE LAW BY HIGH COURT JUDGES AND THE MANDATORY ACCOUNTABILITY TO ENFORCE THE LAW AS IS. In this sense Judge Zainon binti Mohd. Ali must face criminal prosecution for malfeasance for the moment and others later.
I need to quote 2 passages from a posts in Mr Din Merican’s blogg. ;
(1)The final test is whether our judges are legal experts. An independent judiciary would be meaningless if judges were incompetent in applying the law. For the judiciary to inspire public confidence, its membership must reflect excellence. Lawyers who are deemed distinguished legal specialists by their peers and the Bench would then feel honoured to have been selected.
To recite all my charges made against Judge Zainon binti Mohd. Ali is much too long because I have made too many posts on my own blogg at http://yap.chongyee.blogspot.com; suffice to say that judge Zainon binti Mohd. Ali’s knowledge of the law is ZERO,! ZILGE ! For all my charges that are posted on my blogg relating to the total INCOMPETENCE AND ABSENSE OF LEGAL LEARNING OF JUDGE ZAINON BINTI MOHD. ALI I WILL HAVE NO PROBLEM TO DEFEND MYSELF BASED ON THE DEFENSE OF TRUTH.
YAB TAN SERI Zaid Ibrahim, you will have no problem if you are truthful and sincere to want to reform the Malaysian Judiciary because the laws the ENFORCE JUDICIAL INTERGRITY & PROFESSIONALISM IS ALREADY IN PLACE, ONLY THE WILL OF THE BN GOVERNMENT TO ENFORCE IT REMAINS.
(2) The second point that I want to make is : Last and definitely not the least is “integrity” and he went on to describe what I believe is lacking in our judiciary: integrity to Viscount Kilmuir, extends beyond not taking bribes but includes more subtle “integrity of the intellect” which means never advancing a dishonest argument,or shirking awkward facts just because they raise difficult problems.This 2nd point is self explaining and need no commentry.
This letter will be sent to YB Datin Seri Dr. Wan Azizah, leader of the opposition and YB Miss Fong Po Kuan MP for Batu Gajah.
Sincerely, yapchongyee
All Copies will be faxed except for those with their own blogg and this letter will be posted there.
Copy : The Attorney General, Malaysia, Chief Judge Malaya, President & Secretary Bar Council of Malaysia, to all legal practitioners randomly.
Post a Comment
<< Home