JOE'S TAKE

yapchongyee@yahoo.com.au Yap Chong Yee,

Blogsite :http://wwwyapchongyee.blogspot.com.

To,
The Editor,
Malaysiakini.com.my

Re: Charge against Judge Zainon binti Mohd. Ali for CRIMINALLY
ABETTING RESPONDENTS IN THE COMMISSION OF THEIR
CRIMES.
KL. High Court Origina Re ting Petition No: D2-26-41-2001
Lim Choi Yin v. McLaren Saksama(Malaysia)Sd, Bhd. &5 others.


I graduated with an LLB from the University of Singapore in 1967, and practiced law in KL until my migration to Australia in 1978. I am absolutely chagrined by the level of corruption and judicial abuse of the Malaysian legal and judicial system. I will not have been in the least interested in your problems if my family’s interested was not been jeopardized.

It is disgusting that the Malaysian Bar Council and indeed the whole of the Malaysian legal fraternity so supinely connives at the corruption and abuse the underlies the whole legal and judicial systems. The only way to fight corruption is to expose the rotten fabric of the Malaysian system. I do not think it will help my wife’s case at all, but I will go on and publish every unethical, corrupt practice, and every abuse by any judge of his judicial office; like the saying goes, ‘when I drop dead, I will take you with me”. I want Malaysiakini.com to know that in Egypt, where a blogger was imprisoned for shaming President Mubarakh, the national press CRITICISE THE GOVERNMENT by directing readers to blogs that represent their point of view so by that way they avoid legal consequences; the primary responsibility lies with the blogger. In pursuit of this form of criticism I have my own BLOGGISTE @ http://www.yapchongyee.blogspot.com.

Since I am not a Malaysiakini subscriber, I will post to editor of Malaysiakini a serious of letters that will also be simultaneously posted on my own blogsite.
Today I Officially launch my bloggsite to campaign for a more civilized and predictable legal system for Malaysia, because my wife’s case had suffered a miscarriage of Law and Justice at the hands of Zainon Binti Mohd. Ali, then the presiding judge and now on the bench of the Malaysian Court of Appeal. I anticipate objections from Malays, who will ask, why is it that this matter should bother an Australian ? It would not have bothered me in the slightest if my family’s interest was not already been outrageously damaged irretrievably by the actions of a judge who does not have sufficient knowledge of the law to do her job as will be openly discussed on this bloggsite.

It will be a travesty to claim that ENGLISH COMMON LAW & EQUITY IN MALAYSIA IS SACROSANCT as it ought to be and that legal institutions of the English common law are respected and applied as it ought to, since Malaysia claims to have adopted English Common Law and Equity as the law of Malaysia. In truth corruption in the Malaysian judiciary, have, for a very long time, abused the legal system by judges who treat their judicial office as their own fiefdom. Judicial officers hold themselves out as having sovereign powers and authority, and the Malaysian Bar Council are just too afraid to challenge judges for abusing their office; and also timidly connive at the distortion of the law that they swear to uphold.

My purpose today is to point out by evidence (forged documents no less, presented by respondent Stephen Lim Cheng Ban and annexed to his affidavit dated the 17th of September, 2004); I will exhibit on this blogg only 5 for the forged signatures for your examination and I want to draw your attention to the 5 forgeries displayed on this blogg and I want you to consider whether it is not true by my claim that of the 5 forged signatures of my wife’s, IT IS OBVIOUS AND APPARENT FROM JUST LOOKING AT THEM, that the 5 forgeries were drawn or forged by 3 different “ARTISTS” or forgers, however I have included my wife’s true signature for comparison. You can easily group them by just looking at them.

For the benefit of those readers of this blogg who want assurance on the underlying legal principle relevant to this issue, PROOF of forgery destroys the respondents’ defense like a house of cards, because the forgeries will equate for a fact that NO SUCH DOCUMENTS EXIST, and this is the core issue that my wife pleaded for her case. What else can I say or need to say ? Proof of forgery in my wife’s case is not rocket science. I will even reveal now for the benefit of judge Zainon binti Mohd Ali so that she can use that against us in her judgment if it ever comes at all; THAT ALL THE FORGERIES CARRY A DOT AT THE END OF THE FORGED SIGNATURES, thereby making the LAST letter of my wife’s signature LOOK like a “j”, but when you consider that my wife’s name is LIM CHOI YIN, THERE JUST CANNOT BE ANY “DOT ON THE LAST LETTER “, there are no “j” in her signature, and yet in every one of the forgeries the dot is made “on” or “OUTSIDE” of the last letter. This issue condemns the actions and conduct of Judge Zainon as aiding and abetting the three criminals Stephen Lim Cheng Ban, Kwong Sea Yoon and Wong Kem Chen.

You will be right to ask why I condemn her actions and conduct as criminal ? Her actions and conduct are criminal because they constitute actions and conduct that aided and abetted the three criminals in their perpetration of their crimes of perjury & forgeries. Judge had before her for comparison and examination all the signatures of my wife’s affirming her several affidavits and those forgeries that were annexed to the affidavit of Stephen Lim Cheng Ban of the 17th of September, 2004; the core pleading of my wife’s was, that SHE NEVER EVER SOLD NOR HAD SHE EVER AT ANYTIME WHATSOEVER SIGNED ANY COMPANY RESOLUTION NOR HAD SHE EVER SIGNED ANY TRANSFER FORM FOR THE TRANSFER OF HER SINGLE PROMOTER’S SHARE IN THE COMPANY, and that at all times there were and still does have but only ywo promoter’s shares in the company. The Company Law on this issue is very definite and it was decided in the case of :

Kelepa Sawit (Telok Anson) Sdn. Bhd. v. Yeoh Kim Leng (1990) Court of Appeal,

The decision held that any share whatsoever that was not issued by the company is void absolutely; and any share that is deemed to be issued by the company must be issued pursuant to a valid company resolution. In short that decision prescribed that a company resolution must authorize the issue of any share to be valid. Petitioner’s (my wife’s)counsel argued this point at all times; but Zainon binti Mohd. Ali went on to over rule this submission. Her judgment for striking out my wife’s petition was that petitioner “DID NOT PLEAD FORGERY” To put her judgment into context, she by her judgment HAD VALIDED FORGERIES. Her judgment DECIDED THAT FORGERIES WERE GOOD ENOUGH DEFENSE AGAINST my wife’s petition. This judgment is so ridiculous that it is like saying Judge Zainon binti Mohd. Ali “swears that she saw green men from mars come visit her at her home”.

In the context of the above circumstances, Judge Zainon binti Mohd Ali had a duty to allow petitioner leave to cross examine respondents Stephen Lim Cheng Ban, Kwong Sea Yoon and Wong Kem Chen for perjury and forgeries because the existence of the forged documents are inconsistent with my wife’s pleading that she never ever sold nor transferred her solitary promoter’s share in the company and that there were no other share or shares in the company other than the two promoters’ shares. The actions of judge Zainon binti Mohd Ali can only be understood as wanting to SHUT OUT CROSS EXAMINATION OF THE THREE CRIMINALS. Judge Zainon binti Mohd. Ali’s action and conduct constitutes AIDING AND ABETTING the three criminals in the perpetration of their crimes.

This is only just one issue that is discussed today. I will go on to discuss one issue each post, please return to this bloggsite for more revelation of judge Zainon binti Mohd. Ali and how very unlearned and INCOMPETENT she is as a judge. Zainon binti does not have sufficient knowledge of the Law to retain her appointment as judge of the highest court. I think maybe it will be more interesting to discuss one issue every 2 weeks instead of by the day. Once every 2 weeks will keep the discussion going for years; UNTIL MY WIFE’S CASE IS CONCLUSIVELY DECIDED BY THE COURT OF APPEAL; or by prosecution of the criminals, Stephen Lim Cheng Ban, Kwong Sea Yoon, and Wong Kem Chen.

I have given her both civil and criminal recourses to vindicate her innocence or more correctly the LACK OF INNOCENCE and be justifiably identified as a criminal for abetting the criminals Stephen Lim Cheng Ban, Kwong Sea Yoon, Wong Kem Chen, in their crimes of PERJURY AND FORGERIES and many related crimes. It is my greatest wish that judge Zainon binti Mohd. Ali will come to Perth to vindicate herself and the Malaysian judiciary. It is the duty for a presiding judge to take judicial notice of all crimes that come to their notice in any trial and to order police enquiry, but in spite of my wife’s annexation of 3 police reports relating the facts of the perjury of the criminals Stephen Lim, Kwong Sea Yoon and Wong kem Chen, JUDGE ZAINON BINTI MOHD ALI had instead of ordering any inquiry into our allegations, WENT ON INSTEAD TO STRIKE OUT PETITION OF MY WIFE’S. Judge not only ABUSED the legal process but abetted and aided the respondent criminals to EVADE CRIMINAL PROSECUTION.

I have written to the RIGHT HONORABLE PRIME MINISTER, RT.HON. DEPUTY PRIME MINISTER, RT. HON. ATTORNEY GENERAL; I do hope against hope that these most senior of all ministers of the Malaysian cabinet will even take notice of their own Malaysian laws and hope against hope act on it. If it is the duty and indeed the human tendency of the ordinary Malaysian citizen in the street to report any crimes that they witnessed, THEN IS IT NOT THE DUTY OF MINISTERS OF THE MALAYSIAN GOVERNMENT TO ACT ON CRIMES THAT THEY HAVE NOTICE OF ? Do the Malaysians NOT RESPECT THEIR OWN LAWS ?

I believe that it is time that the legal fraternity of Malaysia found a way to force the judiciary to be accountable, and from my perspective the actions and conduct of judge Zainon binti Mohd Ali in the circumstances that I have presented committed abetment and aided the criminal perpetrators Stephen Lim Cheng Ban (I don’t know he got the Chinese surname “LIM” when he is in every way a JEW !), Kwong Sea Yoon and Wong Kem Chen. And therefore must face criminal prosecution for abetting and aiding the perpetrators for a whole gamut of criminal offences. In any other jurisdiction this course of prosecutions is normal, but in Malaysia this course of actions will be hushed up. I have written to the PM, Deputy PM, Attorney General and I have presented to them copies of the forgeries to be examined, but alas, it will be wait ‘til the cows come home and nothing will be done. In the USA perjury carries a max. 30 year jail term, in Australia the max. jail term is 14 years and in Malaysia the law says it carries a max. of 7 years. DON’T HOLD YOUR BREATH !

Judge Zainon binti Mohd. Ali in all the 9 years that she was the presiding judge did nothing of any logical or legal sense and she never uttered anything that made any sense at all; she had imposed security for costs after a “do nothing” DELAY OF 3 AND A HALF YEARS, dismissed 2 applications from Petitioner for leave to cross examine the three criminals for no reason at all for another 3 years, thereby making the petition run for all of 6 and one half years, and then STRUCK OUT PETITION for according judge Zainon binti Mohd. Ali PETITIONER NOT HAVING PLEADED FORGERY. All these goings on WITHOUT JUDGE ZAINON BINTI MOHD ALI EVER HAVING DELIVERED ANY JUDGMENT AT ALL WHATSOEVER; no reasons were given for all these high handed actions. Where in any modern and civilized world can such a situation ever be allowed to persist ? Malaysia is like that, it has only the outward trappings of a civilized legal and judicial system, but go a very little deeper than appearances and you will find that Malaysia IS LAWLESS; outcomes in any court litigation can be and are BOUGHT AND SOLD LIKE FISH IN A MARKET. It is a known fact and talk of Malaysia that judges have “RUNNERS” who go out to canvas bribes to have the judge decide the way that you want; the question who pays the bigger bribes get the case to go their way. DID JUDGE ZAINON BINTI MOHD ALI TAKE BRIBE ? I can only say that her actions are that of a person who wants to achieve her own private agenda and that is the conduct of one who are likely to be corrupt. This question has to be asked and investigated because I mean all the legal issues that related to my wife’s petition upon enquiry will prove that judge Zainon binti Mohd Ali chose to decide the issue in a totally opposite way than one that is truly correct in Law. Put in a more obvious way, judge Zainon binti Mohd Ali, invariably chose to decide the issue INCORRECTLY IN LAW AND ALWAYS IN FAVOUR OF THE CRIMINAL RESPONDENTS and always to rule against CROSS EXAMINATION of Stephen Lim Cheng Ban, Kwong Sea Yoon and Wong Kem Chen, when a cross examination by the petitioner will expose their crimes to the public. I am stating my charges against judge Zainon binti Mohd. Ali in absolute terms that will not admit any doubts. Judge Zainon binti Mohd Ali criminally abetted the perpetration of PERJURY & FORGERY by the criminals Stephen Lim Cheng Ban Kwong Sea Yoon and Wong kem Chen. Judge Zainon binti Mohd Ali had intentionally abetted the criminals to EVADE CRIMINAL PROSECUTION.

The strongest evidence that Malaysia is LAWLESS is that in all of 9 years that my wife’s petition was rattling away in THE MALAYSIAN HIGH COURT, like a pebble in a plastic bottle, judge Zainon binti Mohd. Ali had NEVER EVER DELIERED A JUDGMENT; our petition was struck out without a proper JUDGMENT ! WHERE IS THE JUDGMENT ? The criminal respondents Stephen Lim Cheng Ban, Kwong Sea Yoon and Wong Kem Chen have all gone and spent my RM$60,000 on prostitutes and several big dinners because now that our petition is struck out our RM$60,000 security for costs is available to the criminal respondents. I wonder how many prostitutes they had to screw for all of RM$60,000. To be fair we have still to receive their bill of costs; why do these criminals not go and grab their ill gotten gains ? I want all the respondents cited in the petition to know that for purposes of Petitioner’s future claim against all the respondents for DAMAGES FOR NEGLIGENCE for imposing on Petitioner the burden of securing a debt of RM$60,000 to furnish Zainon binti Mohd Ali’s judgment for security for costs, for reason that all the respondents (except the company)were only formal respondents AND WERE NOT LIABLE TO ANY LEGAL LIABILITY WHATSOEVER. I want them to know that my wife had to borrow the RM$60,000 from our two daughters at a yearly interest of 30% per year, AT COMPOUND INTEREST.

I am still awaiting the judgment of judge Zainon binti Mohd. Ali for the legal rationale for STRIKING OUT MY WIFE’S PETITION. I can assure you all readers that I shall take the greatest pleasure in publishing on this bloggsite when I get my hands on it; but do not hold your breath, because I greatly suspect that judge Zainon binti Mohd Ali is JUST TOO ASHAMED TO DELIVER ANY JUDGMENT. She will be laughed out of her court. I hold this prospect with bated breath. Screw judge Zainon binti Mohd. Ali, she knows shit for law. HOW DID SHE BECOME A JUDGE WITH SO MUCH IGNORANCE OF THE LAW ? That is the Malaysian way !

To the Editor of Malaysiakini.com.my, I will send to you if requested by you, copies of court certified true copies of the forged documents. Just email to me your request.

yapchongyee@yahoo.com.au