Perverse Enablers Help Subvert Justice
Perverse enablers help subvert justice is about how when one fights against injustices, it will be with great odds stacked against you. This post writes about my experiences relating to my legal case in Malaysia. There are two other related posts that you can read here on “two opposing claims” and here on “two different justice systems”.
It writes about the great odds stacked against me due to the role of perverse enablers helps to subvert justice on behalf of crooked people. These enablers not only enable evil people to continue doing harm, 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 expects 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? Read this post to find out.
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 help subvert justice within justice system
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 (me) is not of the same community or same nationality, race and religion to Defendant (the immigration investigation officer).
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 subvert 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
16.07.2019 (Tuesday) – This day I sealed my motion of revision to the Malaysia Court together with my affidavit-in-support (AIS).
Snippet of AIS dated 15.07.2019 as below:
06.08.2019 (Tuesday) – On this day, The court set the 1st Case Management (CM). Defendant also submitted his affidavit-in-opposition (AIO) dated 05.08.2018 to reply my AIS.
24.08.2019 (Saturday) – On this day, I submitted my affidavit-in-reply (AIR) dated 23.08.2019 to Defendant’s AIO.
Snippets of AIR dated 23.08.2019 as below:
Discrepant evidences from Defendant’s Deponent’s affidavit
26.08.2019 (Wednesday) – On this day, another Deponent (who is another senior Immigration Officer) representing the Defendant to submit a further-affidavit-in-opposition (FAIO) dated 26.08.2019. This FAIO is to reply my AIS.
Snippet of further-affidavit-in-opposition (FAIO) dated 26.08.2019 as below:
Referring to line 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 on 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 presented and marked as “HB-1”.FAIO
The contention of the above is to present a copy of the Order by the Magistrate as exhibit “HB-1”. The Defendant is contending that this is the evidence to show to the Court that I was presented before the Magistrate in person.
However page 3 of 3 of Exhibit “HB-1” was not in the Exhibit “HB-1”. Only page 1 of 3 and page 2 of 3 was in Exhibit “HB-1”. Page 3 of 3 actually showed that fact that there was no lawful order for my detention.
The Deponent is providing “half-truth” exhibit to support her claim in the FAIO. From this incident, we can see that she is a perverse enabler helping to subvert justice.
Other interesting points relating to Deponent’s claims was that many exhibits by her were full of discrepancies upon scrutiny. The claims were not congruent with the exhibits submitted by this Deponent.
Case of first perverse enabler helps subvert justice
26.11.2019 (Tuesday) – 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 the immigration officers in Court. One of the immigration officer was a cunning scheming officer who send an acquaintance of mine to my family to arrange for a go-between fixer for corrupt purpose. You can read about him here.
One of the senior Immigration officer deposed a FAIO, which included an exhibit, “HB-1”. This was actually a lie that I was brought before the Magistrate according to Malaysia law.
By an act of God, my lawyer requested for hard copy of the FAIO and all exhibits 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 who swore the FAIO had provided false testimony by submitting an incomplete set of exhibit. She is thus the first perverse enabler helps subvert justice on behalf of Defendant to commit evil.
Strong ground for an appeal
19.12.2019 (Thursday) – On this day, the High Court Judge 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 vindicated now that there is evidence to prove my case of illegal detention by immigration.
This page 3 of 3 belonging to Exhibit “HB-1” was the crucial piece of evidence that became the origin of my Originating Summon.
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.“
My case is against the Malaysia Immigration Authority (Defendant) who had detained me without a lawful order.
They locked me inside an over-crowded and bed-bugs infested detention cell. While being locked inside, one of the rogue immigration officer was always looking for opportunity to harm me.
Being put through such cruel and inhumane conditions for 28 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 goes 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
20.01.2020 (Monday) – Based on the hard copy evidence of the Magistrate Order, we sealed an Originating Summon (OS) against Immigration and file an affidavit-in-support (P-AIS).
29.01.2020 (Wednesday) – Notification by Court Registrar on OS Case Management (CM) on 12.02.2020 (Wednesday).
12.02.2020 (Wednesday) – Defendant failed to attend this CM without justification. The Registrar scheduled a second CM on 27.02.2020 (Thursday).
20.02.2020 (Thursday) – Deadline for submission of D-AIR. Defendant failed to submit his D-AIR without justification.
27.02.2020 (Thursday) – Day of the OS 2nd CM. Defendant failed to attend this second CM without justification.
01.03.2020 (Sunday) – This is the day the Malaysia 8th PM took office.
18.03.2020 (Wednesday) – The day that Malaysia imposed lockdown (MCO) due to Covid-19.
14.05.2020 (Thursday) – Day the Defendant filed his affidavit-in-reply (D-AIR) after the deadline (20.02.2019) to the court.
12.11.2020 (Thursday) – Day the Court hearing for the OS case. Due to the re-imposed lockdown, the court adjourned the case at the last minute. The court gave a new date …
25.01.2021 (Monday) – Day the Court hearing for the OS case. However the court adjourned the case again at the last minute. The court gave a new date …
10.03.2021 (Wednesday) – Day the Court hearing for the OS case. However the court adjourned the case again at the last minute. The court gave a new date that is two months later …
Justice delayed, is justice deniedWilliam E. Gladstone
Other perverse enablers help to subvert justice identified
From the above timelines, dates shown when each event occurred. The purpose for that is to helps us see clearly the plan of some perverse enablers help subvert justices willfully. 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 subvert justice
The Defendant 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 12.03.2020 to 27.02.020 period according to court record.
He connived together with the Deputy Registrar and the Federal Counsel 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 18.03.2020 caused him to miss the Case Managements and also failed to submit the D-AIR. These perverse enablers thus are helping him to subvert justice.
This “blatant disregard to the rules and process of law” looks more like a case of subversion of justice with the help of Court officials (perverse enablers).
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-evidences. These affidavits and exhibit-evidences that have been submitted to the court prove that there are perverse enablers help subvert justice. It can be seen that such perverse enablers are due to bias of such enablers 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.
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 subvert justice and help evil people continues to abuse their authority to tyrannize weaker people.
Righteousness exalteth a nation: but sin is a reproach to any people.Proverbs 14:34 KJV
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