LETTER TO MINISTER OF LAW, ZAID IBRAHIM

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

Dato Zaid Ibrahim, Minister of Law
Putra Jaya, Malaysia,

Dear YANG AHMAD BERHORMAT,

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 you, Yang Amat Berhormat and to your sense of justice because you were and are the most respected Lawyer in Malaysia.
The other issue that criminally implicates Judge Zainon binti Mohd. Ali was the fact that my wife’s supporting affidavits ahd annexed 3 police reports charging the respondents Wong Kem Chen, Kwong Sea Yoon and Stephen Lim Cheng Ban with PERJURY & FORGERY and with fabricating evidence. I was told by the investigating officer, Inspector Fawzi of the Balai Polis, Jalan Tun H S Lee that he was told by Judge zainon binti Mohd. Ali not to investigate the 3 police reports, UNTIL AFTER THE TRIAL OF THE PETITION. This is criminal conduct for obstructing a police investigation.

The status of my wife’s petition HAS NO SOLUTION IN A COURT OF LAW, because our solicitors M/s Lim & Hoh of Bukit Nanas K.L. did not file a defence to that second Application for striking out Petition, therefore there are no grounds for appeal; although through ignorance of the law or COMPLICITY (I think that is more the case) with Judge Zainon binti Mohd. Ali is left to conjecture; but be that as it may, the truth is the appeal that was filed by M/s Lim & Hoh makes nonsense. On the other hand as I argued, my wife’s petition has not been effectively EXTINGUISHED OR STRUCK OUT because under the facts of the case Judge zainon binti Mohd. Ali has no judicial powers to strike out the petition. The two orders of “security for costs” and the order for striking out cannot logically exist together; but the order for security for costs has already been enforced by Judge Zainon binti Mohd. Ali and the respondents. NO TRIAL NO SECURITY FOR COSTS.

As I said my wife’s case has no solution in the courts; THEREFORE I ASK YOU AS MINISTER FOR LAW REFORM who so openly calls for judicial reform to AT LEAST REQUIRE THE POLICE TO INVESTIDATE THE 3 POLICE REPORTS THAT ARE ANNEXED IN MY WIFE’S AFFIDAVITS, which were stifled by the criminal conduct of Judge Zainon binti Mohd. Ali. A conscientious police investigations of the reports will show that respondents had perjured & committed forgery. This is our only solution, as the investigation will show that respondents committed these criminal offences, they will be held to have obtained their COURT ORDERS BY FRAUD, and the orders will be set aside on the basis of thr criminal prosecution of the respondents. This case is not one of CIVIL JURISDICTION BUT ONE THAT RIGHTLY CALLS FOR CRIMINAL PROSECUTION. On the issue of whether to prosecute Judge zainon binti Mohd. Ali as the proper thing to do; I cannot see the Malaysian government doing this. You can hush up my criminal charges against Judge Zainon binti Mohd. Ali for all I care, although I will be the happiest man alive if you did do the proper thing by prosecution of Judge Zainon.

I make this commitment to you, that I will come to KL to defend myself against any charge for sedition or for libel on ONE CONDITION and that is if the charge is made specifically by Judge Zainon binti Mohd. Ali in person and by herself; because I want to have the opportunity to question her in my defence. I will publish this letter as usual on the bloggersphere and to Email randomly to as many practising lawyers in Malaysia. Also copy to all high officials as printed below,

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. Yang Amat Berhomat, I will send to you by post my signed letter by post.

Yours faithfully


Yap Chong Yee.
Dated 13th May 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.