Judge’s Transfer and the Malaysia Justice System

 Judge’s transfer with all the buzz, and understanding the Malaysia justice system from a non-Malaysian’s point of view is what this post is about.

This post writes about the transfer of the Judge, who presided over the 1MDB ex-Prime Minister Najib’s case, to the civil court – “relegation after elevation”. And why is the transfer of this Judge of interest to me to make a post about him?

To me, I am intrigued by this new turn of event as I was a party seeking justice with this same Judge Mohd Nazlan.

The reason is because this learned Judge is the same Judge that presides over my case. Since Najib’s case is 1MDB, then I should called my case 1M2H.

This Malaysian Judge makes headlines news all over the world because he did this brave act. In his court, he ruled that ex-PM Najib is guilty as charged and sentenced the once-powerful Najib to 72 years jail and RM210 million fine.

However, the ex-PM Najib had appealed against that ruling immediately and is still a free man, on bond, while awaiting the trial before the Appeal Court.

The 1MDB is a very high profile case involving very powerful people and will be for a long long time because of the loss of billions of dollars. Hence such news relating to this Judge’s transfer to civil court could not be as simple as people would like to believe. This is something that is best left to the coffeeshop talk when one has a beer or two more.

Malaysia Justice system

Also related to the subject such as this, it is also appropriate to writes about the Malaysia justice system. However it will be about the Malaysia justice system as seen and experienced by a non-Malaysian.

This will be an objective assessment, an assessment based on facts and observations arising from my case that so happened to intertwine with Judge Mohd Nazlan.

snippet of news that had been reported in world major news medias

https://www.malaymail.com/news/malaysia/2021/01/23/courts-chief-registrar-confirms-judge-nazlans-transfer-says-common-practice/1943309

For starter, there was an earlier transfer in August 2018 of Judge Mohd Nazlan Mohd Ghazal out from the commercial division to the criminal court. The transfer then was reportedly for him to take over Najib’s case from Judge Mohd Sofian Abd Razak.

And so thanks for that Aug 2018 transfer, ex PM Najib and myself would have the same Judge Mohd Nazlan presiding over our cases.

Snippet of News report – Judge Mohd Nazlan Mohd Ghazali and his sentencing of ex-PM Najib

Above snippet is by courtesy of https://www.malaymail.com/news/malaysia/2021/01/23/courts-chief-registrar-confirms-judge-nazlans-transfer-says-common-practice/1943309

Judge Mohd Nazlan presiding over my case

About my case, In 16th July 2019 I submitted a motion of revision to the Court and Judge Mohd Nazlan was the presiding Judge. He would preside over my case against the Malaysia Immigration Department.

It is so strange and unbelievable that in my life, I would share one similarity with the ex-PM Najib. We both having the same Judge presiding over our cases.

For my case, I had my High Court hearing before Judge Mohd Nazlan on the 26th Nov 2019. But my request to the court to have my day in court was not granted. My request to attend court was rejected.

However, as for ex-PM Najib, he did had his day in Court before this Judge with his team of lawyers.

Judge Mohd Nazlan overrule my request to attend court

It was unfair of the Judge for not allowing me the right to attend court for my open court hearing. I understood from my lawyer that Immigration’s lawyer had raised objection and the Judge had ruled in their favor.

Because of that, I was not able to cross-examine one particular immigration officer witness. This officer was the one who recorded my statement as well as the statement of a Malaysia acquaintance who testified of my character on my behalf. This same Immigration officer had sent the above-mentioned Malaysian to my extended family to bring a message. He was their intermediary to connect to their “fixer” on behalf of Team 5.

My extended family keeps a diary of all events and incidents much like a police log book to maintain records.

Excerpt from diary of events recorded

I could not have my day in court to cross examine witnesses due to Immigration’s objections. This prevented a discovery of what transpired involving the above-mentioned Immigration officer. This immigration officer is tainted to be so afraid of being cross-examined. You can read his story here.

Judge’s ruling and Najib’s defence begins

Judge Mohd Nazlan dismissed my application and briefly gave his reasons based on 4 points. According to what I understood from my Malaysia lawyer, grounds point # 2 to 4 is procedural in nature. This is the words of my lawyer. Quote: “The judge did not touch on any of the substantive arguments, except the consultant point in the first ground above.”

My court hearing ended on 26th Nov 2019. Najib’s defence begins on 3rd Dec 2019, which is his first day on the witness stand .

Screenshot courtesy of www.msn.com

Despite having my case dismissed by Judge Mohd Nazlan as well as denying me my day in court, I applaud him for his sentencing of Najib on 28th July 2020. Though my case had been dismissed by Judge Nazlan, my legal fight still continues through the appeal process just like Najib.

Apart from the similarity between me and ex-PM Najib of having the same Judge who presided over both our cases, both of us are different with respect to nationalities, ethnicity and religion

Well, ex-PM Najib still has his cold billions for hugging in spite of being guilty while I am bleeding thousands of ringgits trapped in a foreign legal system.

Non-Malaysian’s experience of justice system

As I have been put through this court system, I will put forth the facts and observations apart from the role of their Judge as described in the above section.

These facts and observations are from someone with the experience of being caught up in this court system of first a hearing before Judge Mohd Nazlan and later in another case.

After the case with Judge Mohd Nazlan was over in end 2019, I submitted another Originating Summon with the Court and a different Judge on 20th Jan 2020.

My originating summon is asking the Court/Judge to make a ruling on a piece of evidence. It is an official Malaysia court document, just a one page document which Immigration had tendered as their evidence.

For an answer to a straight forward question, let us see how the Malaysia justice system measure up judging from the facts and observations as described below:

The delay card – failure to attend Case Management

For starter, the Court Registrar schedule a Case Management on 12th Feb 2020. Immigration failed to attend this CM without justification and caused a delay. 1st strike at the court system by Immigration. No disciplinary action by the court is an indication of a weak court. Minus 2 points given for the court system for this strike.

Date scheduled for the first Case Management on 12th February 2020

So the Court Registrar scheduled another CM on 27th Feb 2020. Again Immigration failed to attend this CM without justification and caused another delay. The same as for the first failure, this is the 2nd strike at the court system by Immigration. No disciplinary action by the court is an indication of an ineffective court. Minus another 2 points given for the justice system for this strike.

So Immigration causes two delays due to failure of attending the Case Management without any justifications, Immigration also failed to submit their Affidavit-in-reply before the deadline of 20th Feb 2020 without justification. This is the 3rd strike at the court system by Immigration. No disciplinary action by the court is an indication of a weak, ineffective and toothless court. Minus 5 points given for the court. Minus five points given for the justice system for this strike making a total of nine points up to this point.

Another delay card – failure to submit before deadline

Immigration delays the filing of Affidavit-in-reply for a period of twelve (12) weeks and filed it on 14th May 2020 after the 20th Feb 2020 deadline to the court. An excuse for the late filing was a blatant lie that the Covid-19 MCO prevented the filing. It was such a blatant lie as MCO was enforced from 18th March 2020 while the deadline for filing was 20th Feb 2020

That is five months of delay that Immigration has wasted of the Court and the Judge’s time and minus nine points for the justice system. And who is this Immigration officer who hit a three-strike run. You can read his story here.

Yet another delay card – Adjournment after five months of delay

As if five months of delay is just the only delay of withholding justice without justification, you are dead wrong as I get to find out later on.

So the date for my Court hearing is now delayed to the month of Nov 2020, ten months of waiting from playing the delaying card. All these delays has the Court Deputy Registrar’s tacit approval.

Deputy Registrar’s tacit approval on delay caused by the other party

However the November hearing date comes, yet another delay shocker hits. This date is adjourned again to another date that is two and a half months later. The reason is the Covid-19 MCO, justice is not in session throughout MCO (it sure is for a foreigner). This is the 4th strike that the justice system cannot be in session even with zoom technology, work-from-home and video conferencing. Minus 5 points for backward justice system. That now makes a total of minus fourteen points for the justice system performance index.

Well, by now you would have guessed it. Another shocker delay is hitting again. This new hearing date came around in January 2021 and news of another adjournment yet again. This adjournment delayed the hearing date to March 2021.

More delay card – adjournment again after two and a half months delay

It appears Justice is not in session again because of Covid-19 MCO, or at the very least I know it applies to foreigner for sure. This is the 5th strike that the justice system cannot be in session even with zoom technology, work-from-home and video conferencing. Minus another 5 points for backward justice system again. That now makes a total of minus nineteen points for the justice system performance index.

And almost as if it is a game of “find the missing judge”, the March 2021 session is again adjourned to May 2021 making this the sixth strike at this justice system. It just another minus 5 points if ever there is a performance index. The last count of the “find missing judge” is three rounds of delays and most likely will be more delays unto infinity. The recommendation seems to be to go from earthly justice to heavenly justice.

So from an outsider viewing in, this system is filled with delays or playing the delay card. Delay does makes one feeling emotionally drained and feeling fatigue, maybe even giving up the fight. But with justice and righteousness, the fight will goes on however long the delay.

Yes, for a litigant waiting to hears from the Judge presiding for a ruling on a straight forward question regarding the Federal Constitution can takes more than a year. Yes, I repeat: It takes more than a year for an answer from the Judge to a simple straight forward question. There is nothing complicated at all. It is only a piece of evidence submitted by Immigration Department. Best of all, it is a one page court document from the Malaysia court. If an answer to a simple straight forward question takes aeon, then it a minus 99 point for the justice system.

So I believes that these facts and observations tells us what the Malaysia justice system is like with these few words and the minus points.

Perverse Court Officials

Last but not least is the role of court personnel. It is perverse to participate actively by acting in concert against one party and assisting the other party. Because of the differences in nationality, race and religion, there is no other reasons for these perverse acts.

This refers to the role of the Court Deputy Registrar in cahoots with the Federal Counsel. It is clearly on full display here. You can read about it here.

Deputy Registrar and Federal Counsel in cahoots with Immigration to subvert justice

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