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Perverse enablers help pervert justice is about the challenges when one fights against government officials’ injustice in the courts of Malaysia, one will usually encounters odds stacked against you.

This post writes about the challenges and experiences relating to my legal fight in the courts of Malaysia with a senior immigration officer, MHBK, who was also the arresting officer and the investigating officer.

This court case started on the 21.1.2020. I had then just ended an earlier application for a revision pertaining to my immigration offence charged on 26.3.2018. The judge, MNBMG for the earlier case, Permohonan Jenayah No WA-44-178-07/2019 had dismissed my case.

From the earlier case, my Malaysian lawyer, AK received the hard copy of a set of document that were exhibited by an immigration officer, HBB. My lawyer, AK sent me the page 3 of this document.

There are two related posts that you can read about, Magistrate Remand Order – Two Opposing Claims and Justice systems – A Tales Of Two Different Systems.

It is a tale about the odds stacked against me, a foreigner being discriminated against, due to the presence and role of perverse enablers. Such perverse enablers help to pervert justice on behalf of crooked and evil people.

These perverse enablers not only enable evil people to continue doing harm, but they also help them to get away without consequences.

The 3 elements of universal justice

1. BLINDFOLD – The blindfold represents impartiality, and shows us that justice will be applied equally regardless of one’s power, wealth, race, religion or social status. Whilst the blindfold is a common feature on statues across the world, it isn’t necessarily present on every Lady Justice statue.

2. SWORD – A sword in hand demonstrated authority and meant justice is immediate and final. The ‘double-edged sword’ represents not only the enforcement of the law but also the defense of innocent parties as well.

3. SCALES – The scales (‘dacing’ in Malay) is a universal symbol of fairness dating back all the way to ancient Egypt.

These 3 elements of universal justices are the elements that judges will upheld when swearing during taking of their oath of office. One would therefore expect to find justice and fairness before the court. But is that really the case for every case? Or is it only for certain category of cases in Malaysia court system that you will find bias and prejudices?

In Singapore there is a Lady Justice statue that is without blindfold while in Malaysia it is hard pressed to find a statue of Lady Justice.

The Malaysian Bar Council use the symbol of a scale balanced on a sword. Most Malaysians would know, the ‘dacing’ that Lady Justice features is also the logo used for a local political coalition party.

The case of perverse enablers helps pervert justice.

However much one expects to be dealt fairly and justly according to the 3 elements of the universal justice there will be exceptions. One exception could be when the aggrieved party is not of the same community or same nationality, race and religion to Defendant (the immigration investigation officer, MHBK).

Because when an aggrieved party is not of the same community or same nationality, there is a big likelihood of bias in play with certain justice system.

For this kind of scenario, we will see the emergence and role of some perverse enablers help pervert justice.

Journal of a legal case of Singaporean in Malaysia court:

Describes in the following below are the descriptions of significant events, the sequence of events, dates of each events, facts and observations:

Motion of Revision to the court

16.7.2019 (Tuesday) – This day I sealed my motion of revision to the Malaysia high court together with my affidavit-in-support (AIS).

Snippet of AIS dated 15.7.2019 as below:

Snippet of Affidavit-in-support (AIS)

6.8.2019 (Tuesday) – On this day, The court set the 1^st case management (CM). Defendant also submitted his affidavit-in-opposition (AIO) dated 5.8.2018 to reply my AIS.

23.8.2019 (Friday) – On this day, I submitted my affidavit-in-reply (AIR) dated 23.8.2019 to Defendant, MHBK‘s AIO.

Snippets of AIR dated 23.8.2019 as below:

Discrepant evidences from Defendant’s Deponent HBB‘s affidavit

26.8.2019 (Wednesday) – On this day, another deponent, HBB (who is another senior immigration officer) representing the Defendant to submit a further-affidavit-in-opposition (FAIO) dated 26.8.2019. This FAIO is to reply my AIS.

Snippet of further-affidavit-in-opposition (FAIO) dated 26.8.2019 as below:

Referring to para 17 of FAIO, the English translation to the above as below: 17. I hereby deny paragraph 40 of the Applicant Support Affidavit. The Applicant was brought before the magistrate for further detention under Section 51(5)(b) of the Immigration Act 1959/63 from 13.3.2018 and allowed until 26.3.2018. On 26.3.2018, the Applicant was arraigned in court. A copy of the order by the magistrate is exhibited and marked as “HB-1”.

FAIO

The contention of the above is to present a copy of the remand order by the magistrate as exhibit “HB-1”. The Defendant, Deponent HBB is contending that this is the evidence to show to the court that I was produced before the magistrate within 14 days in person.

However page 3 of 3 of Exhibit “HB-1” was missing in the Exhibit “HB-1”. Only page 1 of 3 and page 2 of 3 was in Exhibit “HB-1”. In fact the missing page 3 of 3 actually showed that there was no lawful order for my detention.

The Deponent HBB is lying and using a “tampered” exhibit to support her allegation in the FAIO. From this incident, we can see that she is a perverse enabler helping to pervert justice.

Other interesting points relating to Deponent HBB‘s allegations was that many exhibits by her were full of discrepancies upon scrutiny. These allegations were not congruent with the exhibits submitted by this Deponent HBB.

Case of first perverse enabler helps pervert justice

27.11.2019 (Wednesday) – The day the high court conducted the open hearing, immigration raised objection to resist my presence in court. With that objection being allowed, I could not get my day to cross-examined any of the immigration officers in court. One of the immigration officers, PS was a cunning scheming officer who sent an acquaintance, Ps JM to meet my family with a “offer to help me” for corrupt purpose. On the 9.3.2018, Ps JM also visited me and repeatedly praises the two immigration officers, MHBK and PS as kind and good officers “wanting to help” me. You can read about immigration officer, PS here.

One of the senior immigration officer, Deponent HBB deposed a further affidavit in opposition (FAIO), which included an exhibit, “HB-1”. This was actually a lie that I was produced before the magistrate within 14 days according to the Immigration Act section 51(5)(b) legal requirement.

By an act of God, hard copy of the exhibits “HB-1” was distributed to the court and my lawyer, AK during the court hearing. They inadvertently included the missing page 3 of 3 and gave the hard copy to my lawyer during the court session. This is indeed an act of divine intervention with regards to the perfect timing.

The senior immigration officer, HBB who swore the affidavit (FAIO) had provided false testimony by submitting a “tampered” set of exhibit HB-1. Immigration officer, HBB is thus the first perverse enabler who helps pervert justice on behalf of Defendant to commit evil. In fact, this act of submitting a “tampered” exhibit HB-1 (without a page 3 of 3), later this same exhibit became my exhibit W-2 (which includes the page 3 of 3). Only the Lord Jesus Christ is able to make the impossible becomes possible.

Strong ground for an appeal

19.12.2019 (Thursday) – On this day, the high court judge, MNBMG ruled against me and delivered his oral verdict.

26.12.2019 (Thursday) – On this day, I filed an appeal to the appeal court. I felt a hope now that there is a piece of important evidence given into my hand that can help prove my case of illegal detention by Immigration Department of Malaysia officers.

This page 3 of 3 belonging to Exhibit “HB-1” was the crucial piece of evidence that became the origin of my Originating Summon (OS).

The Originating Summon – A separate case filed.

This Originating Summon (OS) in brief reads as follows:

“In the matter of Sessions Court (Special Court for Illegal Immigrants), Pekan Nanas, Johor,

And In the matter of Articles 5 and 8 of the Federal Constitution.”

Originating Summon (OS)

My case is against the Immigration Department of Malaysia officer (Defendant) who had detained me without a lawful magistrate remand order.

They locked me inside an over-crowded and bed-bugs infested detention cell. While being locked inside, one of the immigration officer, MZ was always looking for opportunities to harass and harm me.

Being put through such cruel and inhumane conditions for 26 days, my only way out is to plead guilty. Otherwise, would mean a very extended detention at the mercy of these scheming immigration officers. I needed to go back to Singapore as my health was not good which in four months’ time, I suffered a heart attack.

More important key dates and related events

21.1.2020 (Tuesday) – Based on the hard copy evidence of the page 3 of 3 of magistrate order, we sealed an Originating Summon (OS) against Immigration Department of Malaysia and file an affidavit in support (P-AIS).

28.1.2020 (Tuesday) – Hand delivered a letter to the Director General of Immigration (DGI) to inform that the case has been transferred to Special Powers Division. The sealed Originating Summon (OS) and my affidavit in support (AIS) affirmed on 20.1.2020 is also delivered to DGI.

29.1.2020 (Wednesday) – Notification by court registrar on OS case management (CM) on 12.2.2020 (Wednesday).

12.2.2020 (Wednesday) – Defendant failed to attend this CM without justification. The registrar scheduled a second CM on 27.2.2020 (Thursday).

20.2.2020 (Thursday) – Deadline for submission of D-AIR. Defendant failed to submit his D-AIR without justification.

27.2.2020 (Thursday) – Day of the OS 2nd CM. Defendant failed to attend this second CM without justification.

1.3.2020 (Sunday) – This is the day the Malaysia 8^th prime minister took office.

18.3.2020 (Wednesday) – The day that Malaysia imposed lockdown (MCO) due to Covid-19.

14.5.2020 (Thursday) – Day the Defendant filed his affidavit in reply (D-AIR) after the deadline (20.2.2019) to the court.

12.11.2020 (Thursday) – Day of the court hearing for the OS case. Due to the re-imposed lockdown, the court vacated the case at the last minute. The court gave a new date.

25.1.2021 (Monday) – Day of the court hearing for the OS case. However the court vacated the case again at the last minute. The court gave a new date …

10.3.2021 (Wednesday) – Day of the court hearing for the OS case. However the court vacated the case again at the last minute. The court gave a new date that is two months later …

4.5.2021 (Tuesday) – Day of high court hearing before Judge NBB.

Justice delayed, is justice denied

William E. Gladstone

Other perverse enablers help to pervert justice identified

From the above timelines, the dates are shown when each event occurred. The purpose for that is to helps us see clearly the plan of some perverse enablers help pervert justices. However, in the course of case managements, we had called them out for such perverse acts. I have documented this in my affidavit in reply (P-AIR) as below:

Defendant scheming with the perverse enablers help pervert justice

The Defendant, immigration officer MHBK hatches a plan to bury his arrogance of ignoring two case management’s set dates and failed to attend as ordered. He also ignored the deadline and failed to submit his D-AIR to the court before this deadline. The dates and the deadline date are within this 12.3.2020 to 27.2.020 period according to court record.

MHBK connived together with the court deputy registrar, FSBSA and the federal counsel, MSBMA to help him by misusing their official appointment. All three of them colluded to push forth a false claim that the MCO lockdown that started on 18.3.2020 caused him to miss the case managements and also failed to submit the D-AIR. These perverse enablers thus are helping him to pervert justice.

This “blatant disregard to the rules and process of law” looks more like a case of perversion of justice with the help of court officials (perverse enablers).

Perverse enablers in cahoot with one another pervert justice

In affidavit-in-support, I have exhibited a court document that was given by Malaysia Immigration Department. It must reiterate that this document does not originate from me but from the immigration department itself.

In order to counter this exhibit “W-2” in my affidavit which is the original pg 3 of 3, the legal adviser FSBMF from Immigration Department of Malaysia wrote to a different magistrate, MASBMA on the 4.5.2020. In this letter, he “pretended” to request from this magistrate for copy of the “Nota Prosiding”. It is unexplained why FSBMF did not write to request from the magistrate, ABB who could have provided a clear copy from his record or the archive.

So, a different magistrate, MASBMA replied and attached a re-typed “manufactured” unsigned copy of page 3 of 3 and re-defined as “Nota Prosiding” to FSBMF. More details about this magistrate’s action and duplicity described here.

The immigration officer, MHBK then submitted this re-typed “manufactured” unsigned copy that is re-defined as “Nota Prosiding” in his affidavit as exhibit “MHK-1”.

Conclusion on justice and the perverse enablers within the system

So, we conclude that for certain justice system, it is shown that not everyone will be dealt fairly and justly according to the 3 elements of the universal justice.

Written here is the descriptions of events and incidents. Also included are facts from sworn affidavits and exhibit/evidence. These affidavits and exhibit/evidence that have been submitted to the high court prove that there are perverse enablers help pervert justice. It can be seen that such perverse enablers are due to bias because of nationality, race and religion.

We can also see a deliberate pattern of causing delays and more delays. This is more of a game plan to induced fatigue and loss of hope psychologically on the aggrieved party and gave up the fight.

Indeed it is more of a fight between truth vs power (together with the help of their perverse enablers). There is a saying that goes, “crooked officials look after each other’s interests only”.

Now we await to see whether such perverse enablers managed to pervert justice and help evil people continues to abuse their authority to tyrannize weak and defenseless people.

Righteousness exalteth a nation: but sin is a reproach to any people.

Proverbs 14:34 KJV