Scheming Officer In Set-Up Case

Scheming officer was the interviewing immigration officer

This post is about a scheming immigration officer, Mr PS, who interviewed me during the investigation into a purported offence. During the interview and in a conversation with me and another conversation with my family member, he seems friendly and helpful in providing some information before my charge before a Magistrate. Little did I realize that he was pretending to be helpful and only after the immigration court was over then I find out that he was providing false information all the time to misleads me.

After my release, I was debriefed by my family members, and I also reviewed information from various sources regarding this officer. With all the information gathered, I concluded that this officer is very cunning and scheming.

Why is this one-pip officer cunning and scheming? Read on for my observations and facts of the case to see why it is so.

Magistrate remand order is required for any detention.

My first encounter with any immigration officer was on 6-3-2018 which is the 7th day of my detention. I was not brought before a magistrate to order my remand within 24 hours according to the Malaysia Federal Constitution Article 5(4).

Then I was told by my Malaysian lawyer, YHK whom my family engaged to defend me before the immigration court on the 26.3.2018 that I should be brought before a magistrate within 24 hours for a remand proceeding to order my remand for investigation. This is a legal requirement in accordance with the Malaysia Federal Constitution Article 5.

However, it was only when I started my Saman Pemula No. WA-24-5-01/2020 court action that I found out that this FC Article 5(4) does not applies to me who is a foreigner arrested under their Immigration Act 155.

It was the second issue in my Saman Pemula No. WA-24-5-01/2020 case as follows:

Second Issue – If the court were to find against the Plaintiff in the above said issue, then a bigger issue of whether the Amendment Act by which the original Art. 5(4) requiring production of anyone arrested before a magistrate within 24 hours, a constitutional safeguard and guarantee of personal liberty, is invalid for infringing the original Art. 5(4) and Art. 8(1) [equality before the law], by virtue of basic structure jurisprudence founded on Sixth Schedule oath taken by the MPs to preserve, protect and defend the constitution (Second Issue). Later I won on the First Issue and the second issue was not pursued further.

Discriminating standard for remand order applicable to foreigner/Singaporean

Since I was arrested on 28.2.2018 and detained under the Immigration Act, there is a proviso that provides different treatment for Malaysia citizens vis-a-vis non-citizens.

This Immigration Act 1959/1963 states as follows:

Section 51(5)(a) – where any person who is a citizen is arrested or detained under this Act otherwise than for an offence against this Act, and has not been earlier released, he shall without unreasonable delay, and in any case within twenty-four hours (excluding the time for any necessary journey) be produced before a Magistrate and shall not be further detained in custody without the Magistrate’s authority; and

Section 51(5)(b) where any person other than a citizen is arrested or detained under this Act, whether for an offence against this Act or otherwise than for such offence, and has not been earlier released, or charged in court for an offence against this Act or removed from Malaysia under this Act, he shall, within fourteen days of his arrest or detention, be produced before a Magistrate who shall make an order for his detention for such period as may be required by an immigration officer or a police officer for the purpose of investigations into an offence against this Act.

Malaysia Federal Constitution Article 5
Immigration Act 1959/1963, Section 51(5)(a) & 51(5)(b)

Though this is an illegal act in accordance with their constitution, but with the Immigration Act 155, foreigners are discriminated against, and there is no legal requirement to produce me before any magistrate within 24 hours and to be placed into remand.

So, all I was facing for 7 days were only immigration guards armed with beating batons watching over me 24/7 in a hostile oppressive, unhygienic and inhumane detention cell.

Prior to this encounter, I was being locked inside a cruel and inhumane conditions lock-up detention cell in the Setia Tropika Immigration HQ from the 28.2.2018 to the morning of 2.3.2018. After that I was transferred to Pekan Nenas Immigration Detention Depot.

On the 6.3.2018 @6.28 pm, this immigration officer after his questioning session and recording of my statement, he allowed me to talk to my wife by using his personal HP. Looking back, now I see why he was doing this. Being a cunning and scheming man, I surmised he was opening a private channel of communication for my family to reach him for nefarious purpose. The reason to call my wife is to tell my wife to bring my passport to Setia Tropika Immigration HQ. However, my wife has already surrendered my passport to Setia Tropika on the 4.3.2018 which he should be fully aware of.

So, I was being detained in Pekan Nenas Detention Depot for the rest of my detention period from 2.3.2018 up to 26.3.2018, the day I was produced before a Magistrate.

Torturous days inside Setia Tropika lock-up cell

Setia Tropika Immigration HQ lock-up cell is a temporary lock up cell about the size of a 300 sq ft room. Within this room is an open concept unhygienic toilet with low-wall and without door. I was held together with about 40 people in this horrible place. The food served every day is a simple tray of rice and a nasi lemak fish and very dilute syrup water. This is just minimal sustenance so that you won’t die from starvation. These are our lunch, dinner and everyone have to eat like animals in this horrible environment. Sleeping is on hard cold cement floor with no blanket. It is a horrible unhygienic and oppressive environment place.

During the first 3 days at Setia Tropika Immigration HQ, these immigration guards would threaten me with physical assault whenever I requested strongly and loudly to see their senior immigration officers. No matter what strong objections I raised, these immigration guards just intimidated me with all kinds of threats. One of the guards had in no uncertain terms disclosed that immigration officers can remand me without magistrate order for 14 days + another 14 days. He bragged that I cannot do anything about it because no one can intervene here. Now after winning my court victory on the 14 days illegal detention from 13.3.2018 to 26.3.2018, it is clear that he is saying the truth and all foreigners in the past was similarly abused and illegally detained contrary to Malaysia law. See image below. And the immigration guard’s message to me is to be compliant, fearful and obedient or else bad things would happen to me “accidentally”.

Declaration by High Court of illegal, unlawful and unconstitutional detention for part 1 detention.
Declaration by High Court of illegal, unlawful and unconstitutional detention for part 2 detention.

More torture psychologically, emotionally and physically in Pekan Nenas

The other 4 days are spent in the Pekan Nenas Detention Depot before encountering this officer. This is another cruel and inhumane facility to keep all illegal immigrants and foreigners without valid documents. I was however with valid MM2H long term stay visa and was inside here because of a vengeful ex-housekeeper and his immigration officer boyfriend’s set-up to fix me. This immigration officer, MZ, happened to oversee one of the blocks here and working very hard to see that I suffered at his hands. His married girlfriend, my ex-housekeeper had unwittingly whatsapp his immigration ID (image is below) to me before she was evicted from my property, and he was stopped from coming to my property for illegal trespassing on my property.

criminal action
Exhibit “W-6” Immigration officer, MZ’s ID

These facilities are plainly used to torture ensnared foreigners for an implicit “monetary bribes”. Inside this hellish place for the rest of my illegally remanded days, I was subjected to psychological, emotional and physical torture with the objective to break me down and capitulate.

During all these days, there is no bathing, no washing up and no change of any clothes. I am just wearing the same set of clothes for 14 days. These clothes were the same as that I wore on the night I was detained. On 14.3.2018, my wife brought me extra set, towels, soap, detergent, toothpaste and my medication. This was her 2nd visit on the 15th day of detention. During these days, have to depend on donation from other detainees for personal hygiene items.

Total isolation from the outside world by the scheming officer

I had to endured 7 days of no access to legal counsel contrary to the Malaysia Federal Constitution Article 5(3), no appearing before a court magistrate and no communication with family. This is a total cut-off for me from civilization. Then on the 6.3.2018 was my first encounter with this scheming immigration one-pip junior immigration officer, PS. My family approached the Singapore consulate attaché on this day evening for assistance but there was no intervention. See phone log record above.

The torturous part is that the time passes terribly slow with your mind not knowing what to think, being completely isolated. There is totally nothing to do to occupy your time. I turn to praying a lot which helps to relieve this mental torture.

This is real torture that is designed to break you down mentally and psychologically. In this process of breaking you down so as to yield to them, to beg them and even to buy your way out from this hellish place. This is “marinating” process before the “cooking” process.

Scheming officer with a fake mask

So, on the 6.3.2018, when I was brought before an immigration officer, I was elated that I am finally seeing an officer. Elated that maybe I could request for all those human rights that were not accorded to me.

My encounter with this man and my first thought was of an officer with empathy to hears me out, but I soon found out that he was a nasty officer waiting to pounce on me. At this point, I did not see his hypocrisy and his scheming because it wasn’t clear yet.

My situation got no better and in fact, he was ready to add another serious charge. This charge is staying in Malaysia without a valid Singapore passport. But he still had to allow me to make one phone call to my wife @ 6.28 pm using his mobile phone +60127267XXX. This is to confirm that my passport has been delivered to Setia Tropika immigration HQ. Using his hand phone is to make sure that my conversation is recorded.

Hours prior to this phone call, my family had also contacted the Singapore Attachè HP 0197292XXX for assistance, to rescue me from the detention in such inhumane detention depot but was told that the Consular office could not intervene.

Scheming officer offers an “offer to help”

Prior to the 8.3.2018, a Malaysian acquaintance, Ps JM went to meet this scheming officer, PS at his Setia Tropika Immigration HQ office. This immigration officer, PS pretending to be kind and helpful, PS managed to convince PS JM to bring a message to my family. This incident was recorded by my BIL in his log-of-event diary as shown in below image.

This is what is recorded in the blow-by-blow account of event in the diary:

Excerpts taken from Diary

My extended family held a crisis meeting regarding this “offer to help” from this scheming officer, PS. Though it is an implicit “to help in exchange for monetary bribes”, but knowing the background behind my case, my family was wary that this could be another trap set-up. This trap set-up has the following possibilities:

– implicitly for monetary bribes through fixer initially.

– to scammed for bigger and more monetary payments after initial payment.

– or to frame me for an additional and a more serious charge of offering bribes. The consequence of this charge is a confirm jail term on top of huge fines.

False information from immigration officer, PS

Totally unable to receive any information from anyone, every detainee relied on information from the checker.

According to the checker, the immigration officer, PS had pass on information that today is the date of my trial. This was relayed days earlier by the checker. I was also told by the checker that I would be charged under a more serious section of the Immigration Act under Section 56(1)(d) as follows:

” (1) Any person who –
(d) harbours any person whom he knows or has reasonable grounds for believing to have acted in contravention of this Act, except section 55E;

(bb) in the case of an offence under paragraph (d), be liable to a fine of not less than ten thousand ringgit and not more than fifty thousand ringgit for each person harboured and where it is proved to the satisfaction of the court that the person has at the same time harboured more than five such persons that person shall be liable to imprisonment for a term of not less than six months but not more than five years and shall also be liable to whipping of not more than six strokes.”

Citation: Immigration Act under Section 56(1)(d)

For anyone thinking of “buying your way out” to have the charge dropped, the bribe sum would be at least one hundred and ten thousand ringgits minimum and three hundred and thirty thousand ringgits average, based on the range of ten thousand to fifty thousand ringgits for each person harboured as stipulated in the Act.

The checker also told me that the immigration officer, PS had dropped the charge of not having a passport. However, this was never a charge as my wife had delivered my passport to Setia Tropika Immigration HQ on the 4.3.2018. This kind of feeding false information is to scare and confuse me.

I waited for this event, but the day come and went without me being brought before any court Magistrate for the journal entries record.

On the actual day of trial on 26.3.2018, my charge was under section 55E (1) which is different from the charge I was told here.

55E. (1) No occupier shall permit any illegal immigrant to enter or remain at any premises.
(2) An occupier who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than five thousand ringgit and not more than thirty thousand ringgit or to imprisonment for a term not exceeding twelve months or to both for each illegal immigrant found at the premises and, in the case of a second or subsequent conviction, to a fine of not less than ten thousand ringgit and not more than sixty thousand ringgit or to imprisonment for a term not exceeding two years or to both for each illegal immigrant found at the premises.

Citation: Immigration Act under Section 55E (1)

Coincidently, this false information was given before my family’s third visit. Is this a ruse by this immigration officer, PS to scare me as section 56(1)(d) is a far more serious charge with worse consequences?

On hindsight now, it has all the likelihood of a ruse by this immigration officer, PS. He was hoping that I would persuade my family to turn to him for his “offer to help me” rather than through engaging a lawyer. Giving me this false information is to scare me to do just that as the immigration officer, PS already knew that the actual charge was section 55E (1) and in fact even refused to divulge this information to my lawyer, YHK.

This was just how cunning and scheming this immigration officer was.

Scheming officer, PS‘s attitude very arrogant with lawyer

My next encounter with him was on the day of my one and only meeting with my Malaysian lawyer, YHK on 21.3.2018, the same day my Malaysian lawyer, YHK was given a letter of no objection to visit me from the immigration investigating officer, MHBK. I have only seen this MHBK who led the immigration raid on my property and arrested me on that night raid once and no more thereafter.

Obviously, PS was sore displeased that I would rather spent money on lawyer rather than his “offer to help” which was conveyed by an acquaintance, PS JM to my family on the 8.3.2018.

So, what happened during my half an hour meeting with my Malaysian lawyer. PS only allows the meeting to be held in an open room. This was so that PS could overhear our conversation and seeing every of our movements. He made sure that there was no privacy for me and my Malaysian lawyer during our discussion.

This is Malaysia so-called “Where a person is arrested, he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice” as enshrines in Article 5(3) of the Malaysia Federal Constitution.

PS also assigned an immigration guard armed with a beating baton stick to be in the room obviously to intimidates both of us. Another three-pip immigration officer from Setia Tropika Immigration HQ was also present in the room for unknown reason, except to monitor my Malaysian lawyer’s movement.

Other instances of encounters with immigration officer, PS

#1 – Upon my release, my family member told me of her conversation with him. He has approached her to talk about my case. He was telling her lies such as he pities me, took care of me and he tries to help me and so on. Then he cunningly feed her false information on the charge that I faced and my trial date. He gave her a false charge, a charge with much serious penalty. He is probably still dreaming of getting my family to take up his “offer to help” rather than wasting money on lawyer. This false information was later relayed to me when she visited me (six days before the trial date). This has the effect of making me believe that he is helping me so as to let my guard down. At that time, I had to prepare how I am going to defend myself or how to plead in their immigration court, and he is trying to confuse me.

None of us know what the actual situation was, and we were facing an information blackout from the Immigration Department of Malaysia. Even after engaging a Malaysian lawyer, the lawyer also has no information and is of little use to me to defend myself in the Immigration Special Court. Worse is that this Special Court is located within the security-controlled, off-limit to the public and shrouded in secrecy Pekan Nenas Immigration Detention Depot.

#2 – I had another encounter with him 5 days prior to the date of my purported offence and charge before a Magistrate. This happened immediately after my half-an-hour meeting with my lawyer. With zero knowledge of what is happening outside of the cell, I was quite happy that PS approached me to chat with me. I was hoping to hear some news and update from me since I was told that he was that friendly and helpful. During the chat, he hides his cunning self by behaving in a friendly manner. During this “friendly” chat, PS was actually feeding me false information.

Nothing good except feeding false information

This was only apparent as lies that were spun by him which I found out on the day that I stand before the magistrate and charged with an offence. When the facts were read out in the Immigration Court, it differed totally from what this immigration officer, PS had told me.

PS feed me information that the fat Nepalese woman who was convicted, according to PS was a legitimate worker of a big local company in Gelang Patah. On the other hand, he feed me that the small Nepalese woman was actually an illegal and had run away from her employer. In fact, it was actually the fat Nepalese woman work permit had expired and the small Nepalese woman had valid documentation. What a story concocted by this slimy man.

He also feed me false information regarding the number of illegals that will be charged, saying it was five. However, it turns up to be six illegals instead of five. Such is the duplicity of this so-called religious, pious and kind immigration officer. I surmised from his various scheming actions, moves and the deliberate feeding of false information to conclude that this man was cunning and good in scheming.

The final encounter with this scheming officer

After the Immigration Special Court trial, PS met the immigration officer, MZ to inform him on what was my sentence. They were both expecting a jail term sentence for me but was disappointed when it was not so. It is very obvious from observing this interaction between both of these immigration officers, PS and MZ were closely in cahoots with one another in this nefarious scheme hatched to fix me for corrupt motives as well as for retaliation.

The last encounter with him was in his Setia Tropika Immigration HQ office on the 4.4.2018, the day of my deportation to Singapore. This scheming immigration officer, PS revoked my MM2H visa and put a blacklist stamp on my passport before arranging for my deportation to Singapore. This cunning immigration officer, PS even arranged for my deportation under the pretext that I was a criminal from Kluang prison and an illegal from Pekan Nenas Immigration Detention Depot to deceive the Singapore Immigration and Custom Authority (ICA). He is a sore loser, not being able to gain a single ringgit off me and venting his displeasure to deport me in handcuffs and under pretext to shame me. Today the shame has been returned onto the head of this immigration officer, PS.

MM2H visa revoked on 4.4.2018
Fixer phone call log record
Blacklist for life stamp on passport

While I was waiting in his immigration office, another lady immigration officer approached me to offer a contact of someone for an illegal deal to remove my name from their immigration blacklist. Most likely the scheming officer and her are co-partners that are expecting to share a “RM10,000 windfall” from me.

To confirm that this contact is real, I called the number, *60143883512 and was told that for RM10,000 I could clear my name from the blacklist. The fixer also mentioned that the market rate is RM15,000 and is giving me a good deal at RM10,000. The record of that call is still in my phone log record, but the number was no longer in use. This is the cunning and scheming officer’s way of corruption, through subterfuge and in the shadow under the cover of loopholes. * – HP number not in use anymore and this is also reported in Malaysiakini’s news article.

This cunning scheming officer, PS indeed lives up to his cunning ways. He was the only officer who interacted with me the most and yet he is the only one immigration officer that did not deposed any affidavit in all my court cases against Immigration Department of Malaysia DGI. Others are on the hook and police reports made against them to PDRM but not him because he is full of cunning and scheming.

Lastly, this statement by this cunning and scheming officer takes the cake:

Quote: “I extended your detention in Pekan Nenas Detention Depot because it can help you in your appeal against your blacklist because you are still in Malaysia.

Immigration officer, PS

scheming officer

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