MALAYSIA IS A POLICE STATE

Yap Chong Yee,
Email :yapchongyee@Gmail.com28th August, 2008.
5A Prinsep Road,
Perth, WA 6156,
Editor Malaysiakini.com

Re :KL High Court Originating, Petition No. :D-2-26-41 of 2001


Malaysia is a police state and there is no debate on this issue if one is sincere; but of course no Malaysian media will dare to print anything like that. I do anticipate the editor of Malaysiakini not to publish this letter; however I will publish this article in my own blog. at http://yapchongyee.blogspot.com. I will be the mirror of all the warts and corruption that runs in the veins of the Malaysian nation and society. I will write and publish all letters and opinions that are sent to me that are either positive or negative about what goes on in Malaysia because there are no media in Malaysia that is protected as I can be protected in Australia where we are protected by the real kind of RULE OF LAW. Malaysia on the other hand is in every respect like Myammar or like Zimbubwe; in every way a failed state that RULE OF LAW DOES NOT EXIST.

I started my blog sometime ago to expose the LAW illiteracy of Judge Zainon binti Mohd Ali. I was so shocked by her utter ignorance of the law from one of Malaysia's most senior judges. She showed her ignorance of the law by her total non observance or perhaps more like her ignorance of the law. I have to say that as one who graduated in the Law from the university of Singapore, the law ignorance of this Judge Zainon binti Mohd. Ali is just simply unbelievable. To save the effort of going into too much detail (you can read all 100 plus postings on the subject of Judge Zainon's total ignorance of the law from my blog at http://yapchongyee.blogspot.com because you can read all this Judge Zainon's COMEDY OF IGNORANCE IN MY BLOG : http://yapchongyee.blogspot.com), I WILL ONLY DEAL ON THE MOST obvious example of her ignorance of the LAW. Judge Zainon binti Mohd. Ali demonstrated her ignorance of the law by approving 2 opposing and contradicting court orders of (1) ORDER FOR SECURITY FOR COSTS and then by a subsequent ORDER TO STRIKE OUT !

It has been the case for over 1000 years of the existence of English Common Law that an application for striking out of the action precedes an Application for security for costs because it is only when the application for striking out has been REFUSED that one applies for security for costs. The reason being that in the event the plaintiff looses his action there is his security for costs to cover defendants' costs for running his defence. From any way you look at this issue, an interlocutory application is only one application because the application for security for costs FOLLOWS THE FAILURE OF DEFENDANTS APPLICATION FOR STRIKING OUT. IN MY WIFE'S CASE DUE TO THE IGNORANCE OF JUDGE ZAINON BINTI MOHD. ALI she had fucking treated them as two separate applications and both of them were approved to the SAME FUCKING respondents. What judge Zainon binti Mohd. Ali's approval of these two contradicting orders mean is that JUDGE ZAINON SAYS THERE IS NO CASE FOR TRIAL OF THE CASE IN LAW BUT JUDGE ZAINON MADE MY WIFE PAY FOR A FUCKING TRIAL THAT CANNOT BE TRIED. This is how stupid her actions mean logically.

For the benefit of those readers who are not lawyers I will explain why judge Zainon is an illiterate in the LAW. The existence of her order to strike out after my wife had paid her security for costs of Rm.60,000 makes her an accomplice to the respondents conspiracy to commit the following crimes : (1)conspiracy to commit forgery, (2) conspiracy to commit perjury (3)conspiracy to pervert the course of justice (4) conspiracy to obstruct police investigation (4) malfeasance, (5)subornation of perjury, and a few others. IT IS ONLY POSSIBLE FOR JUDGE ZAINON BINTI MOHD. ALI TO HAVE COMMITTED THESE CRIMES BECAUSE SHE WAS IGNORANT OF THE LAW. However, there is no protection for her because she is a judge, if she commits a crime she is open to criminal prosecution.

This ignorance of Judge Zainon binti Mohd. Ali is compounded by the COMICAL attempt by Judge Zainon binti Mohd. Ali, our own counsel, Mr David (M/s Lim & Hoh), solicitors Anad & Noraini (solicitors) TO COVER HER IGNORANCE AND TO HIDE HER CRIMES. Judge Zainon binti Mohd. Ali and her bunch of "merry gang" of criminals. I will relate the facts of this comical clown show by both members of the Malaysian Bar and members of the judiciary, working hand and glove to make the CRIMINAL BEHAVIOUR OF JUDGE ZAINON GO AWAY. This includes the Chief Justice, President of the Court of Appeal, Mr David Hoh, Lawyers of M/s Anad & Noraini (solicitors) who drafted Stephen Lim Cheng Ban's supporting affidavit that supported his application for striking out said petition. THIS IS THE SORRY STATE OF MALAYSIAN LEGAL & JUDICIAL SERVICE, as I will elaborate presently.

Until I set out to expose Judge Zainon binti Mohd. Ali's ignorance of the law, she (judge Zainon) did not even have the legal learning to know that her actions in protecting Stephen Lim Cheng Ban and his "merrymen" in fact constitutes CRIMINAL CONDUCT. Dispensing with all the frills, I will get down to the facts of what has since developed. Judge Zainon binti Mohd. Ali approved 2 contradicting ORDERS. The order for security for costs was issued by the court; but since my exposure of Judge Zainon's total ignorance of the law and her criminal liability in approving the application of Stephen Lim Cheng Ban's for striking out, in the face of my wife's COMPLIANCE with RESPONDENTS' ORDER FOR SECURITY FOR COSTS, all the parties that I have mentioned above have acted in a conspiracy to MAKE THE ORDER TO STRIKE OUT DISAPPEAR. Is this not ridiculous ? That the President of the Court of Appeal, the Malaysian Chief Justice, judge Zainon binti Mohd. Ali and her obstruction of our counsel's effort to have the order for striking out issued. M/s Anad & Noraini & Co. too had made every effort to thwart Mr David's effort to have the approval of Anad & Noraini & Co.to his draft order approved by them and finally our own counsel (Mr David Hoh), had failed to obtain the issuance of the ORDER FOR STRIKING OUT ! What sort of crazy lawyers & judges do we have in Malaysia ?

The comical situation that has developed because of the original ignorance of Judge Zainon binti Mohd. Ali can be can be attributed to the cnsequances that followed from her original ignorance. My analysis of her criminal actions begin from the payment by my wife of the Rm.60,000 as ordered by Judge Zainon binti Mohd. Ali's order for security for costs; as said earlier my wife's payment of the stipulated sum under Zainon's order for security FUCKING MEANS THAT THE ACCEPTANCE BY ALL THE RESPONDENTS INCLUDING JUDGE ZAINON UNDER HER ORDER FUCKING MEANS THAT THEY ALL AGREED TO 2 THINGS BY MY WIFE'S PAYMENT : (1)that there will be a trial following the payment of the security for costs because the payment of the security is merely contingent on respondents wining their case, and payment of costs out of the security for costs is subject to a properly TAXED BILL OF COSTS; therefore where there is no trial, then there cannot be any court process that will generate a taxed bill of costs.

Further to the above analysis, the fucking existence of that illegal and unlawful ORDER FOR STRIKING OUT makes the further retention of our security for costs by M/s Mathews & Co. under Judge Zainon binti Mohd. Ali's order for security for costs an illegal retention of the money. This is because there is no trial and we have instructed Mr David Hoh to refuse to accept the return of the security for costs except by a properly taxed bill of costs that is generated under due process pursuant to a trial that had been agreed upon by the payment and acceptance of the security for costs by respondents and Judge Zainon binti Mohd. Ali.

Fucking Judge Zainon binti Mohd. Ali is not fluent in English to understand the law that criminalises her for HELPING RESPONDENTS. She does not know enough English to know that her actions criminalises her.

Copy : (1) Chief Judge of Malaysia, (2) Presdident of Malaysian Court of Appeal (3) President & Secretary of Malaysian Bar (4) Blog "http://yapchongyee.blogspot.com

JUDGE ZAINON BINTI MOHD. ALI IS LAW ILLITERATE

SECURITY FOR COSTS; is that not scarry ? What modern nation could accommodate such an utter disgrace ? I will relate the facts that even a 1st yeaThe utter incompetance of this particular judge in the LAW and her total lack of fluency of the English Language thunders out of the night sky like thunder clap. This judge DOES NOT KNOW THE DIFFERENCE BETWEEN COSTS AND SECURITY FOR COSTS. A Judge sitting on the bench of the Court of Appeal WHO DOES NOT KNOW THE DIFFERENCE BETWEEN COSTS AND r undergraduate of the Uitm can understand.

This woman Judge awarded security for costs of Rm.60,000 against my wife in her ORIGINATING PETITION, which my wife paid into the hands of solicitors of the respondents. This would entitle my wife to proceed to trial as a matter of cause, but instead of doing what the LAW requires her to set the petition for trial, judge instead proceeded to APPROVE RESPONDENTS' 2ND APPLICATION TO STRIKE OUT SAID PETITION. In all of legal history there was never ever been a judge who was that incompetant and so illiterate in the LAW. There are 2 reasons in logic and common sense that says such incompetance has never until now ever been committed by a real judge. :

(a)security for costs is a deposit paid by the petitioner as a SECURED GUARANTEE FOR RESPONDENTS' COSTS, and is only disbursed if Petitioner loses her Petition. Therefore this payment is only a contingent payment because if my wife won her case she then becomes entitled to her costs and return of her security for costs. This particular judge approved her 2nd and opposing and conplicting order to strike out "IN TERMS", meaning that Petitioner is to bear the costs of the Respondents, even although according to this judge said Petition is void of all legal content. Judge Zainon binti Mohd. Ali, foolishly and ignorantly and without understanding the subtle consequences of her action (out of ignorance of the LAW) THOUGHT THAT SHE COULD TAKE THE COSTS UNDER HER ORDER TO STRIKE OUT FROM MY WIFE'S SECURITY FOR COSTS, under the order for security for costs. The reason why she cannot achieve her intention is because, to take the costs OUT OF MY WIFE'S SECURITY FOR COSTS, THE COSTS MUST HAVE BEEN TRUELY GENERATED FROM A TRIAL OF THE ORIGINATING PETITION. If there is no fucking trial of the ORIGINATING PETITION then there cannot be any costs much less to take it out of my wife's security for costs. Judge Zainon binti Mohd. Ali did not know this ! She was just LAW ILLITERATE AND SHE IS NOT FLUENT IN ENGLISH. Therefor incapable of knowing that she CANNOT DO WHAT SHE INTENDED.

(b)she ALREADY APPROVED RESPONDENTS' APPLICATION FOR SECURITY FOR COSTS, which translate in the LAW AS JUDGE ZAINON BINTI MOHD. ALI HAD FOUND IN HER APPROVAL OF RESPONDENTS' APPLICATION FOR SECURITY FOR COSTS TO BE A VALID AND LEGALLY ENFORCABLE PETITIONER'S CLAIM. It is fucking logic and commonsense that once she had found that Petitioner had a valid cause of action, she cannot again in the same matter finds that Petitioner had no valid cause of action. This part of Judge Zainon binti Mohd. Ali's action CONSTITUTES FUCKING ABUSE OF HER JUDICIAL POWERS. If the Anti-Corruption Agency has cause to investigate the PM and DPM for abuse of powers, then Judge's action in her adjudication of my wife's case is PRIME CANDIDATE.

JUDGE ZAINON BINTI MOHD. ALI IS AN ARSEHOLE

Yap Chong Yee,
5a Prinsep Road,
Attadale, W. Australia,
Date : 8th, August, 2008
To,
President of the Malaysian Court of Appeal,
HIGH COURT,
Kuala Lumpur, Malaysia,

Dear Tan Seri Zaki Azmi,

Re :KL High Court Originating Petition No. : D2-26-41-2001
Lim Choi Yin v. McLaren Saksama(Malaysia) Sdn. Bhd. & 5 others.
Costs follows trial ! MY DAUGHTER, WHO IS NOW MY WIFE'S ATTORNEY HAS INSTRUCTED HER COUNSEL, MR DAVID HOH TO WITHDRAW HER APPEAL I HAD OPENLY ARGUED IN AN EARLIER POST PUBLISHED ON THE INTERNET THAT APPEALING A STUPID AND NONSNSE COURT ORDER MADE BY A JUDGE WHO ABUSED HER JUDICIAL POWERS AS A JUDGE IS A NONSENSE AND AN EXERCISE IN FUTILITY BECAUSE THAT JUDGE'S ABUSE OF HER JUDICIAL POWERS WAS AN ACT OF CRIMINAL BEHAVOUR; SHE COMMITTD A CRIME IN MAKING THAT ILLEGAL ORDER. THIS CAN ONLY HAPPEN IN MALAYSIA. THE JUDGS DO NOT KNOW THE LAW AND AS A CONSEQUENCE THEY DO NOT KNOW THAT ABUSE OF THEIR JUDICIAL POWERS CONSTITUTES A CRIME.
I HAD REQUESTED THAT MY DAUGHTER INSTRUCT MR DAVID HOH TO WITHDRAW MY WIFES APEAL SO THAT 'to use Mr Hoh's own words, to clear the decks as it were. Now that the appeal has been removed, all 6 respondents can file their bill of costs because judge Zainon binti Mohd. Ali's order awarded to them "in terms" (including costs). At this point, I wish to make public what my intentions are that moved me to terminate this foolish nonsense APPEAL that has been perptratd by judge Zainon binti Mohd. Ali, with the co-operation of Mr David Hoh.
I have argued that Judge Zainon binti Mohd. Ali's earlier order awarding security FOR costs is still alive and active because Judge Zainon binti Mohd Ali's 2nd order was void and illegal, BECAUSE THE 2ND ORDER THAT APPROVED STRIKING OUT IS NOT ACHIEVEABLE DUE TO THE FACT THAT THE FIRST ORDER WAS DULY COMPLIED WITH BY PETITIONER'S PAYMENT OF THE SECUIRYT FOR COSTS AS ORDEED BY JUDGE ZAINON BINTI MOHD. ALI, and further the order for security was never SET ASIDE.The two opposing court orders that were approved by JUDGE ZAINON CANCELLED EACH OTHER OUT and as a result my WIFE'S PETITION REMAINS ACTIVE AND ALIVE. The logic of a positive adding on a negative returning a zeroe is a mathetical process and you cannot dispute a mathematical result. ZAINON BINTI MOHD. ALI'S SIMPLE MIND MUST HAVE THOUGHT THAT HER ORDER APPROVED COSTS TO RESPONDENTS, THEREFOR RESPONDENTS CAN REACH INTO THE SECUIRTY FOR COSTS AND TAKE OUT WHAT THEY THINK IS THEIR COSTS. THIS SIMPLE MINDEDNESS IS JUST DEMONSTRABLY WRONG BECAUSE THE STRIKING OUT ORDR MEANS THERE WAS NO TRIAL BEING LACKING A CAUSE OF ACTION. HOW THEN CAN YOU TAX A BILL OF COSTS IF THERE HAS NOT BEEN A TRIAL ? EVEN AN IDIOT LIKE THIS jUDGE ZAINON BINTI mOHD. ALI CANNOT BELIEVE SHE CAN APPROVE A FICTATIOUS BILL OF COSTS THAT WAS NOT GENERATED BY A TRIAL ?

The discussion at this point brings us to the next issue that exposes the nonsense that had been perpetrated by Judge Zainon binti Mohd. Ali, in her approving 2 opposing court orders. The relevance of pursuing this issue bears directly on the validity and legality of her 2nd order to strike out. Petitioner had paid Rm.60,000 to comply with the order to secure security for costs, into the hands of M/s Mathews & co as STAKE HOLDERS, to hold in trust for all 6 respondents; and the appointment of M/s Mathews & Co. to serve this position was made under the direction of Judge Zainon binti Mohd. Ali. Having said that the following relationships had developed : (a)Mathews & Co. had become a stake holder for holding the Rm.60,000 to be disbursed among each and every one of the 6 respondents and therefore he has assumed the position of a constructive trustee, (b)the security for costs that was paid by my wife is now STAMPED WITH A CONSTRUCTIVE TRUST, that Mathews & Co.holds said Rm.60,000 strictly AS SECURITY FOR COSTS AND NOTHING ELSE. (c) Mathews & Co. being bound by said constructive trust CAN ONLY DISBURSE SAID SECURITY FOR COSTS STRICTLY TOWARDS DISBURSING COSTS THAT HAD BEEN PROPERLY TAXED UNDER A BILL OF COSTS. m/S MATHEWS & cO. as trustee for the security for costs MUST DIFFERENTIATE what is a properly taxed bill of costs and what could be the Judge's hallucination and willful FANTASY. If Mathews & Co. Pays to pamper Judge Zainon binti Mohd. Ali's wilfulness then Mathews & Co.will be held accountable for criminal breach of trust, since Mathews from my letter is aware that they need to watchful for their actions.
I said earlier that Judge Zainon binti Mohd. Ali’s 2nd order quite apart from the sin of illegality is also logically unenforceable for the reasons that are argued herein. Judge because she suffers from a great deficiency in her English language skills DOES NOT understand the meaning of “STRIKE OUT” for want of a cause of action. The words “no cause of action” means exactly what they mean, THAT THE FUCKING PETITION has no triable issues of law of any kind; hence THERE IS NOTHING THAT REQUIRE THAT JUDGE TO DECIDE. That being the case, if there are no issues of law to be tried then there IS NO FUCKING TRIAL ! and since there is no fucking trial then there is NO FUCKING COSTS !
My strategy is to focus on the total silliness and total illogic of Judge Zainon binti Mohd. Ali’s childish nonsense and to demonstrate that she had openly and foolishly exposed her actions as ABUSE OF HER JUDICIAL POWERS. My argument advanced herein is that Judge Zainon binti Mohd. Ali’s 2nd order is fucking unenforceable, demonstrably an abuse of her judicial powers and due to her ignorance of the law and her lacking of commonsense logic, IS UNENFORCEABLE to boot. Her 2nd order to strike out is unenforceable because as argued above, if petition is struck our for no cause of action, then there is no trial because there IS NO FUCKING TRIABLE ISSUES IN LAW TO GO BEFORE THE COURT; hence no trial. The saying for costs arising from a case is “costs follows the trial” and if there is no trial there is no costs. Judge Zainon binti Mohd. Ali’s award to Stephen Lim Cheng Ban is “ORDER IN TERMS” ( sure sounds judicial ); anyway, that means the order is for striking out of petition plus costs to be taxed. That being the order to strike out, the order relating to costs cannot be achieved because NO FUCKING TRIAL MEANS NO COSTS !
My submission above therefore leave ONE FUCKING BIG HOLE (no pun please); it leaves the security for costs FUCKING UNRESOLVED ! The Rm.60,000 security for costs already paid by my wife IS STILL SITTING IN THE TRUST ACCOUNT OF M/S MATHEWS & CO. I have instructed our Solicitors that they are not authorized to accept any attempt to return the undisbursed balance or any part of those Rm.60,000. This is what equity means when it is said that a court of law cannot make a dubious and ambiguous ORDER ! The fact that Judge Zainon binti Mohd. Ali’s 2nd order to strike out MAKES HER FIRST ORDER INCAPABLE OF ANY RESOLUTION and therefore MAKES HER FUCKING 2ND ORDER UNENFORCEABLE as well, is an indictment of her as an uneducated and non English speaking illiterate kampong fish monger.
THE ONE SINGLE FACT THAT DEMONSTRATES WHAT AN ARSEHOLE IGNORAMOUS THIS JUDGE ZAINON BINTI MOHD. ALI IS, IS THE FACT THAT SHE HAD 1ST APPROVED TO THE RESPONDENTS THEIR APPLICATION FOR SECURITY FOR COSTS; this in law means that she had already 1st approved that my wife’s petition had A FUCKING CAUSE OF ACTION. Nothing had changed and my wife had not at any time amended her pleading, THEREFORE WHAT ON EARTH CAN JUDGE ZAINON BINTI MOHD. ALI justify in LAW to take a subsequent and opposing decision to make to approve respondents’s application for striking out ? To use Judge Zainon binti Mohd. Ali’s own fucking words “this is fucking approbating & reprobating at the same time” . You ask the fucking judge if she used those words and in what circumstances.
WATCH THIS SPACE ! I will add a 2nd part to this opinion ! THERE IS A FUCKING 2 ND PART TO THIS sequel !
I am reproducing copy of my wife’s power of attorney (pasted below), Yap Ai Mei so that it will be on the public record when the need to prove this letter arises.
Sincerely,Yap Chong Yee,
Copy : President & Secretary of Bar Council, Judge Zainon binti Mohd. Ali, Lim & Hoh (Solicitors), copies sent randomly to practising lawyers.

Yap Ai-Mei,
5a Prinsep Road,
Attadale, W. Australia,
Date : 10th July, 2008
To,
M/s Lim & Hoh,
Solicitors,
Ming Building
Jalan Bukit Nanas,
Kuala Lumpur, Malaysia,

Dear Mr David Hoh,

Re :KL High Court Originating Petition No. : D2-26-41-2001
Lim Choi Yin v. McLaren Saksama(Malaysia) Sdn. Bhd. & 5 others.

I write as power of Attorney for my mother, Md. Yap Choi Yin, and I instruct you to withdraw the Appeal that you have lodged in respect of the Court Order to strike out above said petition.

My father, Mr Yap Chong Yee, wants to pursue another course of action than to appeal. I am sending to you my instruction by registered post and I will be grateful if you will reply likewise so that there will be evidence on both sides of the receipt and reply to my instructions.

This letter will appear in my father’s blog at http://yap.chongyee.blogspot.com/. Your co-operation will be greatly appreciated.

Sincerely,


Yap Ai Mei.

Wan Azizah Spirit of Reformasi

on 01 Aug 2008 at 11:47 am1Yapchongyee
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I would like to endorse the sentiments expressed by Tian Chua and to add that it was Datin Wan Azizah’s great inner strength that combusted ther flame of reformasi; without Datin Wan, the years that Anwar spent in prison will have doused the reform movement. I would like to tell all the people in Malaysia that Datin Wan’s charisma radiates the light of peace and composed wisdom; a natural communicator. I saw her interviewed on Australian TV and I was very moved by her inner strength as was most Malaysians who now live in our adopted home.

I wish also to add that the decision that is made by both Dato & Datin Anwar is an excellent one because Dato Seri Anwar really need to contest in a bye- election that is beyond any doubt because I believe the government will not stop at anything to pull Anwar out of Malaysian politics. I have no doubt whatsoever that Dato Seri has what is required to take government and only the foul means of the BN will thwart the achievement of Dato Seri’s objective. Therefore for that reason we can understand why it has to be the absolutely certain seat of Permatang Puah, where Anwar’s victory cannot be in any doubt at all. The recent controversy arising from the very suspeciuos behavour of PAS is sufficient reason why Dato Seri needs to stand for election in his wife’s constituency.

I finally and more importantly like to address my Chinese brothers & sisters. It is very obvious that there will be friction between DAP vs PAS within the PK coalition and that PAS has to be held in doubt. I believe that PAS wants Malay dominance like UMNO and what their strategy is for remaining in Perkatan Rakyat must be treated with caution. It is for this reason that I want to ask my Chinese brothers & sisters to DEAL A DEATH BLOW TO MCA & GERAKAN (BOTH SUPPOSED TO BE REPRESENTATIVE OF CHINESE INTERESTS). HOW DO WE KILL OFF MCA ? THE ANSWER IS VERY SIMPLE, I ASK EVERY CHINESE BROTHER & SISTER TO RESIGN I mean really write a letter of resignation from membership of the MCA. I KNOW THAT DROVES OF MCA MEMBERS HAVE CROSSED TO PARKATAN RAKYAT but that is not enough, A WRITTEN RESIGNATION IS EQUIVALENT TO A VOTE OF NO CONFIDENCE IN THE RELEVANCE OF THE MCA. If every Chinese MCA writes his letter resignation and resignas from MCA, the flood of no confidence votes will demonstrate the death of MCA. This will force MCA members of parliament to cross the floor of Parliament to joing with Parkatan Rakyat.

I ask my Chinese brothers & sisters to do this because from the way the Badawi government has PERVERTED THE COURSE OF POLICE INVESTIGATION & THE BEHAVOUR OF A COMPLIANT JUDICIARY DEMONSTRATES TO ME THAT UMNO HAS ALREADY DECIDED TO SEIZE ABSOLUTE POWER FOR THEMSELVES. For the first time in their pathetic history, I ask MCA to do the right thing and support Pakatan Rakyat and bring the opposition into government; if MCA miss this one time opportunity, then MCA will consign all Chinese to becoming slaves to UMNO.

I repeat my request to all Chinese MCA members to resign by writing; and to make your letter of resignation INTO A VOTE OF NO CONFIDENCE IN THE FURTHER EXISTENCE OF MCA AS REPRESENTATIVE OF CHINESE INTERESTS.