Magistrate Remand Order – Two Opposing Claims

Compilation of an account of events during 35 days immigration detention

Regarding magistrate remand order question, it can be answered from a few different sources. One of the source is based on a compilation and recording of events during my 35 days detention. This compilation is to helps me remembered and described in clear details of all those events, incidents and happenings during the 35 days while in immigration detention. The other source is official court document.

To helps with accuracy and completeness of the compilation, I cross-checked against a diary of blow-by-blow account of what my family, extended families, friends, neighbors and colleagues did during the 35 days detention. This filled up many gaps of incomplete or missing information on my end.

I also obtained a copy of report from my lawyer regarding information from his professional file that details his account of events to cross-checked for accuracy and completeness of my compilation.

I have also cross checked against other people’s oral account of what they knew or experienced to ensure as much accuracy of my compilation.

And finally, it will be answered without dispute from the court document evidences presented from Immigration itself.

Magistrate remand order according to Malaysia Federal Constitution

Firstly, the Malaysia Federal Constitution has this Article 5(4) regarding detention to be lawful:

Regarding my magistrate remand order for my 29 days detention in their Immigration detention depot;

Immigration officer insisted I was presented before the Immigration Court’s magistrate on the 13th day of my detention.

The immigration officer making this claim is Mr M.H.B.K who is also the arresting officer. He is a three-pip senior officer who leads the immigration team to raid my property.

This officer made the claim that there was a hearing at the Immigration Court which is inside the Pekan Nanas detention center compound. He claimed that the magistrate allowed my remand for an additional 14 days from 13.03.2018 – 26.03.2018. This is to extend the earlier 14 days that was also without any magistrate remand order.

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Article 5(4) of the Malaysia Federal Constitution

Prelude to my arrest and immigration detention

Interestingly, my family member met a neighbor during one of her visit to the property after my release. The neighbor enquired from her about the Malaysian woman who had been staying on my property. This neighbor is looking for this woman as she disappeared without paying her rent. The woman ran away after staying for the three months she rented with the neighbor.

She had obviously rented a room nearby after vacating my property a month earlier. She then used this room as lookout for me so as to report me when I visited the place. This married woman is the girlfriend of the rogue immigration officer who set me up. So on the night she spotted my car at my property, she made the phone call to activate the immigration’s raid. It is clear from all the linkage between the various parties for a set-up.

On the night of my arrest at Setia Tropika Immigration headquarter, I showed the photo of the rogue immigration officer’s warrant card to all the immigration officers what a marvellous colleague they have.

Incidents that happened before and after the date of magistrate remand order.

Before the 13th day of my detention;

The junior officer, Mr P.S. interviewed and recorded my statement on the 7th day of my detention. This is the only encounter with any immigration officer. There was no appearance before a magistrate or having an appearance in a court.

Immigration never allowed me outside the cell throughout my detention apart from these three scenarios. These are:

(1) seeing my visitors, (2) the two encounters with the junior immigration officer and (3) a visit to the doctor.

(1) Seeing my visitors

– My wife was allowed to visit me on the 8th day of my detention.

– An acquaintance, Ps JM visited me on the 10th day of my detention.

After the 13th day of my detention;

This senior officer allowed my wife to visit me again on the 15th day of my detention. She visited me and brought the necessary personal hygiene items and my asthma inhaler.

There was no court attendance nor seeing any magistrate in between these dates which can be recollected from my memory.

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Snippet of a diary recording of blow-by-blow details of event. This was recorded by a relative who is an ex-enforcement officer.

Records from diary also helps to proves it never happened

The blow-by-blow account of events recorded in a diary by my wife’s relative mentioned the following below. There is no mention of and nothing about a magistrate remand order.

This magistrate remand order was a major thing, I would have informed my wife and her relative during their visit. If indeed that it happened, an entry of this incident would have been entered in the diary on the 15th day of my detention.

This diary plays a very important role to help establish many of the facts, timings and people involved. My relative was previously in the police force and is well aware of the process of collecting evidences and proof. He knows full well the importance of keeping a log of events. This diary helps to confirm my recollection of event details and my memory.

The mystery of two opposing claims

Now we have the senior Immigration officer’s claim on one hand and my opposing claim on the other hand. It is now a mystery of two opposing claims and a mystery to solve.

It was a mystery until this happened. Immigration had inadvertently released to me the missing P. 003 of 003 of a set of document. Strange things does happened.

The story started thus. Immigration had submitted a set of court document to prove my magistrate remand order. Upon receipt of the set of court document, I did a review.

The first red flag – exhibit from immigration

This court document were a set of document consisting of 3 pages. From the page numbering against the total number of pages, I can see P. 001 of 003 and P. 002 of 003. However the P. 003 of 003 is missing. This is the first red flag that stood out glaringly.

It is an attempt to withheld critical information on P. 003 of 003 intentionally. By doing so, immigration can used this set of court document to justify that there is a Magistrate remand order.

As this was a soft copy there was nothing more that can comes out of this discrepancy then.

A second major discovery – missing Magistrate remand order surfaced

At a later time, immigration inadvertently handed over the missing P. 003 of 003 hard copy to me. This is as truly an act of divine intervention. You can read more of this episode of how this miraculous event happened here.

This piece of hard copy document that was intentionally hide away had surfaced. It was indeed the page containing irrefutable critical information proving the truth of the magistrate remand order.

The senior immigration officer submitting this exhibit attempts to deceive the court through this action to hide P. 003 of 003 as explained above. She is one of the perverse enablers help subvert justice for her immigration-officer colleague as mentioned in another post.

The truth behind the Magistrate remand order revealed

I can now viewed and analyzed the contents of this P. 003 of 003 document. This will helps complete the picture of the set of document used to justify on my magistrate remand order. Was the justification true or was it a lie?

The said order is in a standard form, that has an option to tick about whether the suspect was produced or not. A tick was seemingly placed indicating that I was not produced. Even if there were to be any argument about whether non-production option was ticked, it is undisputable that the production option was not ticked. The image of the portion is reproduced below: On this document, there are options in the document for the relevant parties to ticks.

That was not all. The order part supports the evidence that I was not produced, as it is says only “upon hearing the application (the Immigration officer) and documents produced” the order was made. This is a crucial part that tells the basis upon which the order was made. This cannot be later qualified by versions outside the four corners of the order.

court document
Snippet of my affidavit

Futile move to qualify with unsigned re-print copy

With that order part, the Remand Order was signed by the Magistrate, as seen in the above image. It is not for the Immigration now to qualify what the Magistrate said and recorded in his Remand Order.

The Immigration officer has now produced another copy, which seems to be a document purporting to show what the order was. This is an unsigned copy. It appears to be a re-typed copy for the purpose of this case. It is different from the signed order. Unlike the signed order, this copy has crossed out “TIDAK” for the question “Penama-pemanadikemukakan”. No, list of names annexed to the document is attached, nor is my name appearing anywhere in the document.

Differences between the un-signed and the signed order

However, to go a step further to show that the document must be a tampered re-typed copy produced by the Immigration officer, the differences of the re-typed copy and the signed order are dissected below when doing a side-by-side comparison:

Typesetting between the two differs in various aspects. In the re-typed copy, there is no logo on top, unlike the signed order.

The document title is in 2 lines, as opposed to 3 lines in the signed order. “Di kemukakan” in the item 2 of the re-typed copy appears as “Dikemukakan” in the signed order. “YA TPR” in the item 5(ii) of the re-typed copy appears as “YATPR” in the signed order. “Johor” and “Johor DarulTakzim” are in first letter only capital in the re-typed copy, but they are in full capital letter in the signed order.

The alignment of the 3 lines of the order-part in the re-typed order is totally different from the alignment in the signed copy. “dibawahtandatangan” in the re-typed copy appears as “dibawahtandatangan” in the signed order. The position of the “Bertarikh” differs.

The Magistrate’s name is typed in the re-typed copy, but it is rubber-stamped in the signed copy. A ‘Catatan … tt’ at the right bottom corner is typed in the re-typed copy, but some catatan (but illegible) appears hand-written on the signed copy with initial-signed.

Immigration officer has no answers to all the differences

Immigration officer offered no explanation as to the differences. Notably, the Immigration officer does not take a challenge to the signed order produced now by me (but originally produced by the Immigration in the previous proceedings), hence the attempt of the Immigration officer to show a re-typed copy is a futile exercise.

A Singaporean with valid MM2H visa puts into same category as migrants

That document list had a total of 12 persons which also includes me . All of us were never presented before the magistrate for the remand order.

So with this option available, they put everyone arrested together with me under the same category as migrants. This includes me who had a lawful MM2H visa. They ticked under “no” mainly because they knew that no migrants would ever dared challenged them in court on this point.

By putting me in the same category as migrants workers, immigration is able to lump under one option conveniently. They had no regards for foreigner even if he/she is a legitimate visitor to consider using a separate document and selecting the other option.

Now that would explains why I, being a Singapore citizen and possessing a valid MM2H visa, could be remanded without any magistrate’s order. I remembered what the guard at Setia Tropika had disclosed to me about immigration can remand me 14 days + 14 days easily.

From the guard’s disclosure, we can surmised that Immigration had been able to do this detention without magistrate’s order with every detainees thus far with this option.

court document
Detained in inhumane cell

Such a high and mighty arrogant uniform immigration officer

This is the man who leads a team of many immigration officers of men and women to a peaceful neighborhood of bungalows on a peaceful night. He appear out of no where as on cue that he had known that I am right inside my property. He started his showtime with loud banging on my bungalow metal gate as like breaking it apart.

My Malaysian car was parked outside, the giveaway to the lookout rogue-immigration-officer-and-girlfriend couple. They have rented a nearby room to be on lookout for me for the moment that I am inside my property. Then the signal came for this arrogant immigration colleague of the couple to move in. This three-pip officer and his officers destroyed many parts of my property and took me back to their Setia Tropika Immigration headquarter in Johor state.

court document
Witnessed a detainee in critical condition and later never came back to his cell

The rogue immigration officer had illegally trespassed on my property and evicted by me less than a month earlier. What a coincidence that this arrogant uniform immigration colleague suddenly showed up at my property which had enjoyed peace and quiet for many years.

Surely this arrogant officer must be thinking that here is a high value soft target from a rich neighboring country of Singapore for his picking. He threw all caution to the wind as he went on to arrogantly put me beyond contact by anyone for a week. Not only that, he had me tortured in their inhumane immigration detention center. The torture and the inhumane conditions are documented in my court affidavit.

court document
Cruel and inhumane conditions

Arrogant officer puts his authority higher than the court

In addition, this uniformed officer is so high and mighty that he put himself one authority higher than the court by locking me away without a court order for 29 days. All this for him trying to meet his objective to solicit an “ëxpectation” for his team 5. I only saw this “high and mighty” officer once and his scheming officer colleague came along to send someone to my family for the “ëxpectation” that never was. My family do not offer any “expectation” nor in the habit of doing such acts.

This scheming officer pretends to be religious and under the pretense of offering help in return for “ëxpectation”.
court document

Now he has even showed contempt for his own country court by submitting “tampered” evidence instead of producing a clear copy. According to God’s timing, his immigration colleague inadvertently gave this original of the evidence that he has no answer for except to produce a “tampered” version to give to his country court.

Magistrate remand order court document had been “tampered”

Now is the most atrocious part to this saga by the senior immigration officer that he even dared to put up a “tampered” document to bears false witness.

Firstly, he tried to deceive by presenting a set of document with a missing page to twist the truth. This missing page hard copy surfaced through an act of divine intervention and helps complete the correct documentation as to the official record of the situation. It contradicts immigration’s story completely.

To deny the truth of the matter, he substituted the signed order with an unsigned copy to replace the original signed order document. As explained in details above, this unsigned copy is of no evidential value to the case.

In short, the unsigned copy is a “tampered” document that the Immigration officer is using to mislead and deceive. This is to line up his part of the story and continued to frame me.

Magistrate remand order manipulated by Immigration

It is highly likely that the Immigration officer had been doing this to many other persons, whether he/she is a legal or an illegal migrant.

Immigration could possibly do this to any foreigner with valid immigration court document such as the Nigerian-national PhD student with a valid student visa. They also could be doing this to the doctor with valid social visit visa whom I had posted about in another post. In this post, it is shown that the Immigration officer did the same thing to me, detaining me willfully and thus infringing Article 5(4) of the Malaysia Federal Constitution.

Now that this had been uncovered, we are having proof that some immigration officer are able to manipulate official court documents.

Therefore it is highly likely of more such manipulations and the practice is rampant.

A trend of falsifying court document by immigration

To most migrants detainees from third world countries, how immigration handles this important court document is of no consequence to immigration. Immigration had no fear of any adverse consequences to them. They can do this without any blow-back as these are poor defenseless migrants.

To ensure that there are no consequences, they deported these migrants out of Malaysia. Immigration also blacklisted them from coming into Malaysia. Hence no adverse complaint against any officer even if document are falsified or “tampered”. The above point proves that court document was “tampered with” by immigration officer to make it appears that I was being remanded lawfully for 29 days.

When I recollect about the two Nepalese security guards I see a mystery regarding their deportation. How could they be deported for not breaching any law? So it is likely that the officer had used “tampered document” in their case. This seems a move to silence all witnesses involved with my case through deportation and blacklisted.

Even one case uncovered is enough

With reference to the big multi national company (MNC) that I used to work for;

The Organization has a culture that is zero tolerance for any act of tampering or making false Quality Control report. Even one case is enough to reflect that such practice is common and acceptable. Practicing such acts will tells the public that the organization has no integrity and is untrustworthy. Surely there are more of such “tampered/manufactured”/fake/falsified court document within the organization.

The daring to “tampered/manufacture” a court document with impunity goes to show that such action are common place within this organization.

Conclusion

To conclude, one can only suspect many more foreigners have fallen victims to such manipulation of court documents and “tampering/manufacturing” of fake records by immigration. It appears that these officers had done so rampantly to suit their nefarious agenda with the case of this “tampered/manufactured” court document shown here.

We can only hope that the day will come when many more “tampered/manufactured”/faked/falsified immigration document will be revealed. When that happened, we will be able to sees whether grievances and injustices have been perpetuated. There are thousands and thousands of such migrants that had been arrested, detained and jailed. We would then see the truth of all those cases against all the immigration officers’ version of stories.

There was a news in https://www.malaymail.com on On 21st November, 2020 relating to forgery and fake documents. The suspect is a KLIA Deputy Immigration Director.

MACC is investigating this case. Rightly, MACC should investigate those Setia Tropika officers involved in my case now that the above case has been ruled as unlawful by the court on the 4th May 2021. The Straits Times carried the news here. The news according to Malaysiakini is here. Other news site, asianewsday.com reporting is here and MSN.com news is here.

Press Release

By Arun Kasi 04/05/2021
*KL High Court holds detention of Singaporean by Immigration to be unconstitutional.*
“Mr Wong, a Singaporean was arrested and detained by Immigration Dept in Johor between 28/2/2018 to 26/03/2018.
Art 5(4) of the Federal Constitution requires any citizen arrested and detained to be produced before a magistrate within 24 hours, while the article allows a foreigner arrested and detained under immigration laws to be so produced within 14 days.
In this case, this means Mr Wong must be produced by about 13/03/2018. It was Mr Wong’s case that he was not produced until 26/03/2018. To the contrary the Immigration Dept claimed that he was first produced on 13/03/2018 and subsequently again on 26/03/2018.
Apparently conflicting documents concerning the question of whether Mr Wong was produced on 13/03/2018 were put before the court.
Mr Wong’s counsel, Mr Arun Kasi, took a strenuous challenge to the Immigration Dept’s stand and documents.
YA Datuk Noorin binti Badaruddin heard the case in open court today. The court found that Mr Wong was not produced as alleged by the Immigration Dept and held against it. The court declared that the Art 5(4) of the Federal Constitution was infringed by the non-production of Mr Wong before a Magistrate within 14 days of arrest, which Mr Wong was only produced on 26/03/2018.” End

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