CONTEMPORARY MALAYSIA: The Appointment of Judges

CONTEMPORARY MALAYSIA: The Appointment of JudgesI have been living with a corrupt judiciary for the last 8 years; and Judge Dato Zainon binti Mohd. Ali was the presiding judge at the court first instance. I had been writing to many, people like the A.-G., the Chief Judge Malays, President of Court of Appeal, Tan Seri Zaki, President & Secretary of Bar Council etc…etc that Judge Dato Zainon binti Mohd. Ali, had criminally dealt with my wife’s Originating Petition to wit, she aided & Abetted respondents’ perjury & Forgery, OBTAINING MONEY UNDER FALSE PRETENCES, Perverting the course of justice, conspiracy to pervert the course of justice and the most obvious crime committed by Judge Zainon binti Mohd. Ali is the criminal offence of MALFEASANCE.

There are already laws in existence under the penal code of Malaysia and the English Common Law that Malaysia subscribes to under our Malaysian Constitution.but be that as it may, THE FAULT LIES IN a total lack of judicial of ETHICS AND IGNORANCE OF THE LAW BY OUR JUDGES.

I have just, these couple of days, written to the former Lord President (as he was formerly called) and now ruler of Perak, H.R.H. SULTAN AZLAN SHAH, it is best to reprint it in whole. :

Yap Chong Yee,
5a Prinsep Road,
Attadale, WA 6156
Email :ychongyee@yahoo.com.au
Blogg. http://yapchongyee.blogspot.com
To,

H.R.H. Sultan Azlan Shah,
Sultan of Perak,
Istana, Kuala Kangsar,
Perak.

Yang Mulia,

Re: Re : Originating Petition No. D2-26-41 OF 2001 ;
Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd

I refer to the above Originating Petition to raise an issue of abuse of power perpetrated by Judge Zainon binti Mohd. Ali, who was the Judge of the court of first instance in the adjudication the above Originating Petition.

Judge Zainon binti Mohd. Ali had approved the respondents’ application for security of costs of Rm.60,000 and which sum was paid by my wife; and upon payment of said security for costs; Respondent Stephen Lim Cheng Ban followed up by a 2nd and subsequent application for striking out of said Petition. This 2nd application for striking out was made even in the absence of any order for setting aside of the Order for security for costs nor was there any application for setting aside of the 1st order for security for costs.

In these circumstances Judge Zainon binti Mohd. Ali had abused her powers, because the order for security for costs had been enforced by the Respondents by their acceptance of the Rm.60,000. This acceptance by respondents of the Rm.60,000 constitutes their undertaking that upon payment of said security for costs Respondents all undertake to defend the petition in court. There was no appeal against the order for security for costs.

The facts stated above support my contention that said Petition is still an active case and Judge Zainon binti Mohd. Ali’s order for striking out said petition was ineffectual in law because if respondents were unhappy with the order for security for costs THEIR ONLY RECOURSE WAS TO APPEAL against said order for security for costs, WHICH THEY DID NOT. There is no ground for Judge Zainon binti Mohd. Ali to allow respondents to keep their Rm.60,000 security for costs and not set the petition down for hearing.

This Petition had gone on for 8 years, while the petition is still an active petition. Our solicitors had appealed against the order for striking out of said petition against my advice. There is no grounds for appeal because we are happy with the order for security for costs and we did not appeal against the order and we paid said Rm.60,000 pursuant to the order for security for costs.
I appeal to your Royal Highness and to your sense of justice because you were a former Lord President of the Malaysian High Court.

The obvious abuse of power by Judge Zainon binti Mohd. Ali has consigned my wife’s petition into the twilight zone, because her petition is still active in law and we are happy with the order for security for costs and Judge Zainon binti Mohd. Ali knows that she is not, in the circumstances EMPOWERED TO MAKE THE ORDER FOR STRIKING OUT OF SAID PETITION; There is no recourse in law for us and the appeal filed by our solicitors IS BOGUS ! Judge Zainon binti Mohd. Ali had by her abuse of power destroyed the appeal process in our case.

Yours faithfully


Yap Chong Yee.
Dated 30th April, 2008

Copy : President of the Court of Appeal, President & Secretary of Bar Council,
Attorney General, Email to practicing lawyers and posted on the internet.
Judge Zainon binti Mohd. Ali.

The action and irresponsible conduct of Judge Zainon binti Mohd. Ali was deliberate to cause maximum damage to me & my wife because I had complained of her to the Lingam Tape CJ Faroz. Who as my former classmate in Singapore Law School.

There is no accountability by our Judges EVEN AS IN MY CASE SHE (judge Zainon binti Mohd. Ali) ACTED CRIMINALLY. From this letter I am inviting Judge Dato Zainon binti Mohd. Ali to take legal action against me to clear her name, I have so many times provided her with cause of action to take me to court, so why does she not do so ? By this letter alone she can LAY CRIMINAL CHARGES AGAINST ME FOR CRIMINAL LIBEL AND SEDITION ! Come Judge Zainon binti Mohd. Ali show us that you really know the law and come to Australia and apply for my extradition !