Justice is Based on Truth, Not Falsehoods

Oh, what a glorious day, 4th of May 2021 is for me. This is the day of the KL High Court hearing for Saman Pemula (Originating Summon) No. WA-24-5-01/2020. At 11.28 am, my Malaysian lawyer informed me the best news that I ever heard for a long time, i.e., the good news that I had succeeded in winning the court case against the Immigration Department of Malaysia – truly unbelievable. The KL High Court judge, NBB agreed with me that I was never produced before a Magistrate on 12-3-2018, as opposed to the allegation by Immigration Department of Malaysia officer, MHBK. Truly I was only produced before a Magistrate on 26-3-2018, after 26 days of detention. It was a momentous event, a significant sign from heaven and great favor from God. Thank you, Lord Jesus! Glory to God.

Declaration by Judge NBB of illegal, unlawful and unconstitutional detention from 14-3-2018 to 26-3-2018.
Snippet of Judge NBB‘s written judgment

A ray of bright light has finally shines into my world after it was turned upside down, arising out of the immigration raid, illegal detentions and immigration blacklist for life. This ray of light now brings hope of a new dawn. I would have an opportunity now to tell my story and unpack the enemies’ evil schemes and lies. It is the beginning of more good tidings to come, and the tide has now turned against lawless Immigration officers. This is a piece of good news, of a great victory, over the Immigration Department of Malaysia and the mammoth Malaysian Government machinery and state resources. My Malaysian lawyer, AK issued a press release on my behalf. Three news medias, one in Singapore and two in Malaysia helps published and brought awareness of my case to the Singapore and Malaysia public.

Press Release issued on 4.5.2018 by my Malaysian lawyer:

“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 12/03/2018. 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 12/03/2018 and subsequently again on 26/03/2018.

Apparently conflicting documents concerning the question of whether Mr Wong was produced on 12/03/2018 were put before the court.

Mr Wong’s counsel, Mr Arun Kasi, took 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″.

News reported in Malaysiakini
News reported in Singapore Straits Times
News reported in Freemalaysiatoday

Findings of facts in two High Court Judges’ written judgments

Up till the day 20.10.2021, I have not received from my Malaysian lawyer the written judgment of the 19.12.2020 court hearing for Permohonan Jenayah No WA-44-178-07/2019. So, I then enquired with my Malaysian lawyer for this High court judge MNBMG‘s written judgment.

Following, he sent me this high court judge MNBMG‘s written judgment. At the same time, he also sent me the written judgment of the 4.5.2021 court hearing for Saman Pemula No. WA-24-5-01/2020.

Written judgments for 19.12.2020 & 4.5.2021 high court hearing

Upon receiving and reading these two sets of written judgments, I started having more understanding that leads me to certain thoughts and important questions to ask my Malaysian lawyer for answers and advice.

One of the findings of facts from the Permohonan Jenayah No WA-44-178-07/2019 written judgement was the statements by judge MNBMG that I was produced before the magistrate on 12.3.2018, stated in para 38 and para 55 as shown in image below. He had believed the lies by the two immigration officers, namely MHBK and HBB, and had incorporated their lies into his written judgment.

Snippet of para 38 of judge MNBMG‘s written judgment.
Snippet of para 55 of judge MNBMG‘s written judgment.

The second finding of facts from the Permohonan Jenayah No WA-44-178-07/2019 written judgement was the use of a “tampered” exhibit to support a lie.

As for Saman Pemula No. WA-24-5-01/2020, one of the findings of facts was the emergence of a re-typed “manufactured” unsigned remand order used as an exhibit to support a lie. Para 29 of judge NBB‘s written judgment: “It is of the considered view that the Plaintiff’s deposition that he was not produced before any magistrate on 12.3.2018 is substantiated by the fact that there are two remand orders that have not been explained off by the Defendant”. The judge, NBB had stated that “there are two remand orders”, meaning one is authentic and one is fake.

MHBK and HBB were untruthful witnesses and submitted unreliable affidavits

This new evidence, i.e. the 4th May 2021 High Court’s declaration, showing the truth that my detention was illegal, unlawful and unconstitutional was finally out. This truth runs contrary to the allegations by both immigration officers, MHBK and HBB which they had made in their affidavits. It shows that both immigration officers, MHBK and HBB were untruthful witnesses, and their affidavits were unreliable. MHBK had lied and falsely averred that I was produced before a magistrate, ABB within 14 days and HBB had lied that she produced me before magistrate on 12.3.2018 and submitted a “tampered” exhibit “HB-1”. These two immigration officers are thus untruthful in what they had averred in their affidavits. They were untruthful in their allegations that I was produced before a magistrate on the 12.3.2018 and there was a magistrate remand order that can substantiate. It turns out that the submitted exhibit was a “tampered” exhibit “HB-1” that has no Magistrate remand order exhibit. They were truly untruthful and unreliable witnesses and lying in their affidavits to support their allegations that I was produced before a magistrate when they knew that it was not the case.

After the emergence of this new evidence, my Malaysian lawyer wanted to adduce this new evidence to the appeal court for my appeal against MNBMG‘s dismissal of my case, Permohonan Jenayah No WA-44-178-07/2019 as a follow up.

This new evidence, if adduced before the appeal court, would have corrected the lies and falsehoods that were stated in paragraph 38 and paragraph 55 of judge MNBMG‘s written judgment.

However, this application to adduce evidence was dismissed by the Appeal Court and thus perpetuated from high court to the appeal court. Eventually these lies and falsehoods were repeated and used during the appeal proceeding and recorded into the Appeal Court records as well. Hence there were lies and falsehoods contained in Permohonan Jenayah No WA-44-178-07/2019 case and the Appeal Court case records.

Illegal detentions were criminal offences under Penal Code

With the two sets of written judgments, I now wanted to ask my Malaysian lawyer for answers and advice to one important question that has not been asked yet.

My first question harks back to the continual detention after the payment of my RM30,000 fine follow by an official receipt issued. With the official receipt my family obtained a court discharge order for my release to road. Because at all material times, I had a valid MM2H visa and a valid Singapore passport. The case would have settled once I had paid the RM30,000 and no further offence was revealed by immigration officers. So, there was no valid reasons for my continual detention, and none was given. Why is it that these Immigration Department of Malaysia officers were able to continue detaining me in Kluang prison and then in their cruel and inhumane Pekan Nenas Immigration Detention Depot? I find this kind of unjust and lawless behavior abhorrent and want to pursue further.

I remembered reading a news report on 2.9.2020, Singapore State Court apologized for the two extra days of jail. Even two extra days of jail is a big mistake as far as application of the law is concern. The Singapore court committed a mistake resulting in two extra days of jail after the offender had paid the fine. He thus was erroneously subjected to harsh jail environment, suffered loss of personal freedom and liberty during the two extra days.

Quote from the news report:

“The State Courts deeply regret what has happened, and we have conveyed our letter of apology to Mr Teo through the Attorney-General’s Chambers,” they added.

In response to CNA’s queries, Mr Teo’s lawyer Tan Hee Joek said the following: “that his client was grateful to the courts for their swift clarification”.

“Those extra two days were especially agonizing for him as he lived in uncertainty and fear in a small cell for four,” said Mr Tan. – 2 September 2020.

Under the UN human rights convention – Article 3 reads as follows: Everyone has the right to life, liberty and security of person. The Singapore Court recognizes this universal principle and accorded the offender his rights.

Was there a part 2 illegal detention?

So, back to the Malaysian-side encounter and experience, courtesy of the Immigration Department of Malaysia.

With this in mind, I am sure something is not right with this continual extra 8-days detention after 26.3.2018 that the Immigration Department of Malaysia officers had subjected me to. So, somehow, I must find a way to redress this injustice.

I am well aware that this part 2 detention from 27.3.2018 to 3.4.2018 could be illegal and an abuse of powers by these Immigration Department of Malaysia officers.

I am even more repulse at the abuse of powers and lawlessness of these immigration officers as seen from their refusal to release me, to the extent that the representative from the Singapore Consulate had to intervene.

From phone call log record, my family made a call for help to the Attaché from the Singapore Consulate on 2.4.2018. My family did so after receiving my message, “contact Attache immediately for help to force Setia Tropika HQ to send my passport immediately to Pekan Nenas” from my Malaysian friend, LW the night before.

LW had visited me on the 1.4.2018 (Sunday) and I pass my urgent message, “contact Attaché immediately for help to force Setia Tropika HQ to send my passport immediately to Pekan Nenas” to LW and inform her to pass this message to my family urgently to effect my release.

I had gotten this message from a friendly and understanding immigration guard while waiting to meet with LW. This friendly immigration guard check his phone apps to determine my date of release status and found out that my passport is still in Setia Tropika HQ. It is understood that the vengeful officer MZ and scheming officer PS deliberately make sure that my passport will not be sent from Setia Tropika Immigration HQ to Pekan Nenas Immigration Detention Depot admin office.

When immigration administration officers at Pekan Nenas Depot do not receive my passport by 1.4.2018 (Sunday), they will not process my release, delay and process it the following week according to their Immigration Depot Standard Operating Procedures (SOP). Release day for Singaporean is set on every Wednesday of the week. It could even be for more weeks according to sad tales from long-time detainees in Pekan Nenas cell block. Not one detainee in the same block cell as me would believe that I will be released on 4.4.2018, believing at best two weeks at the earliest. Only a miracle from God could ensure that I will be released on 4.4.2018.

Record of phone call log showing my family’s call for help to Attaché from the Singapore Consulate on 2-4-2018.

Concerning this detention period from 27-3-2018 to 3-4-2018, I took them to Malaysian court and sue them for illegally detaining me. These lawless Immigration Department of Malaysia officers were eventually and shamefully found swimming naked when they lost the 2nd court case on 12.9.2022. Another great victory and two illegal detentions were set in stones for the records of the Immigration Department of Malaysia.

Prior to this court case starting, I had sought my Malaysian lawyer advice on the question of illegality of this detention and he believes so. With that I made a police report on the 8.12.2021 together with a police report on the part 1 illegal detention from 13.3.2018 to 26.3.2018.

Though I had made a police report, L20211208/2001 on this part 2 detention on 8.12.2021, there was no guarantee that the Royal Malaysia Police (PDRM) would take action as both Department come under the same Home Ministry. I have been kindly advised by many that PDRM will do nothing, but it is of no harm making a police report on this part 2 detention.

In order to ensure that this part 2 detention from 27.3.2018 to 3.4.2018 is ventilated, I decided to take the matter to the Malaysia high court. This will make it a two tracks action, in the event that the PDRM do nothing with the police report on this part 2 detention.

A second factor for the court action is because of the AGC’s appeal against my 4.5.2021 court victory. I am determined that even if AGC overturns Judge NBB‘s declaration, I will still have one illegal detention court victory should I win the part 2 detention court challenge. Thanks to God’s divine favor, I ended up with three court victories, including the dismissal of AGC’s appeal against Judge NBB‘s declaration. Thank you, Lord Jesus.

Declaration by High Court of illegal, unlawful and unconstitutional detention for part 2 detention.
Dismissal by Appeal Court judges unanimously of AGC’s appeal against the High Court’s declaration of illegal, unlawful and unconstitutional detention.

Any detention without a court order for remand or upon a conviction, is illegal. My thought on this matter for a long time was how to bring this illegal act up to the court?

This part 2 detention was never mentioned anywhere throughout my court process. Such an illegal incident and criminal offence cannot be left unmentioned, and I must find a way to surface this up. Somehow there must be a way to bring these perpetuators to justice.

Me to Malaysian lawyer: “I am exploring filing police report over the illegal detention in prison and then in immigration depot. Why was I detained when I have my valid mm2h visa and my passport? And there is also a court discharge order to discharge me on the 26.3.2018. There is no legal and valid reason to keep me in detention up to 4.4.2018.”

Malaysian lawyer’s answer to me: “Yes, as you have a court order now on the Part 1 illegal detention, you can lodge a police report about that.”

Bingo! Hearing that answer from my lawyer was the sweetest music to my ears for a very long time.

I started to work on the crucial task of making a police report on this part 2 detention. Now is a wonderful opportunity available to turn the table on these immigration officers.

However, I soon found that this opportunity was a real daunting task. I was on the Malaysia Immigration blacklist for life and cannot entered into Malaysia. There was no precedent for a Singaporean to lodge police report to PDRM outside of Malaysia.

Supposedly simple but yet a daunting and without-precedent task

First, I explore all the possibilities of making police reports online since I am in Singapore. After spending around two weeks on the various possibilities of using internet or online, I found the various attempts futile.

Next was the attempt to approach the High Commission of Malaysia in Singapore through their hotline. Because of covid-19 measures I need to book an appointment to see their Consular officer. After spending 15 minutes of waiting on their hotline I hung up. A few subsequent attempts at the hotline were not able to connect through. I gave up calling to book an appointment.

Then I turned to my MP with a “request for assistance” to make the police reports. It was a negative reply from my MP. He referred me to MFA. MFA in their short replies, makes a few standard recommendations for me to follow. I followed these recommendations and tried but none worked. To cut a long story short, I spent quite a bit of time seeking the assistance of MFA. There was to-ing and fro-ing with the MFA officer and a trail of emails. Finally, I gave up after confirming that I could not obtain any assistance from them. I settled to find other ways, my own way to have this crucial task completed.

I then thought to approach the SDP Marsiling candidate in the July 2020 election for his advice.

He was a God-send messenger in this difficult situation of mine. He provided me a very good advice. “Don’t call the High Commission of Malaysia hotline. Instead send them an email and copied a few specific NGOs. If there is no reply from the High Commission of Malaysia, follow up with a reminder. In the reminder, copied to the medias as well as to the NGOs.”

No task is impossible when you have faith in God

It is already more than six weeks on 6.12.2021. It was also about a week after following this SDP Marsiling candidate’s advice. On the 6.12.2021, the High Commission of Malaysia sent a reply with a positive response. It was beyond my imagination that finally after more than six weeks I could make the crucial police reports. Their officer responded with specific instructions on how to make the police reports. This is a without-precedent task that needs special arrangement so that it will then goes to the Royal Malaysia Police.

Specific instructions on making police reports in lieu of protocol due to the blacklist for life on me.

There was no precedent on making a police report outside of Malaysia to the PDRM but it happened. Even the Singapore police officers putting up my police reports, initially, refused to allow me doing so. They said that this is not SPF’s protocol. But in the end as they were not able to reach their higher-ups, they allowed their officer to proceed.

The moral of the story is: When faced with a daunting and difficult task, never gives up. There is always a way to accomplish it. Just keeps trying and do your utmost best. Believe and have faith in God, do your part and leave the rest to Him.

I then made four police reports on 8.12.2021, two more on perjury and falsifying exhibits, and now hoped the ensuing investigation will reveals all the truth of the matter concerning the two parts detentions from 28.2.2018 to 4.4.2018. Not only just the truth of the matter concerning the detentions alone, but also the truth of the matter concerning the blacklist for life and the role of both the ex-housekeeper and her immigration boyfriend.

Police report L/20211208/2013
Police report L/20211208/2005
Police report L/20211208/2001
Police report L/20211208/2016

Police reports to pursue truth on immigration officers’ motives

There were two police reports on illegal, unlawful unconstitutional detentions. Another two police reports were on lying and committing perjury in their affidavits, investigating an act of “tampering” evidence and providing a faked remand order using a re-typed “manufactured” unsigned remand order document.

The police report on part 2 detention will find answers as to why they wanted to detain me without providing a valid reason. Quoting from Journal entries of 35-days detention (Part 1): “Let me tell a tale from another inmate with me at Kluang Prison. He paid his fine but was left detained for an extra week in Kluang prison when I arrived at Kluang Prison. He told me that the wife was worried that he was not released yet and so went to Setia Tropika to enquire about him. The officer offers her help to arrange for his release from Kluang prison for RM3,000 from the wife as a payment for her “service”.”

So, is that the reason that someone at Setia Tropika is expecting my family to approach immigration officer to pay a “RM3,000 fee for service” for my release? If these immigration officers’ action was strictly based on the Section 55(E)(1) immigration offence, then there would be no part 2 detention as the offence has already been dealt with and settled. There was no further offence cited, I am not an illegal immigrant or an overstayer, and there was no court order to detain me, so what was the immigration officers’ motives behind this illegal detention?

A question mark on why a “messenger” meets with my family

As to the police report on the part 1 illegal detention, there is one important question as to why is there a need for a “messenger”, an acquaintance, Ps JM to meet my family after he had seen and met immigration officers, MHBK and PS?

I am in the midst of an investigation by these immigration officers for a purported immigration offence. It would appear that these officers might be using this investigation matter and dangle a backdoor deal to obtain monetary benefits from my family in a subtle manner.

I remembered clearly what this acquaintance, Ps JM had told me when he visited me on the 9.3.2018 as below:

Quoting from Beautiful illusion of law and order: “But today (9.3.2018) I got a surprise visit from an acquaintance, Ps JM. The immigration officer, PS had given him “special privilege” to visit and talk to me as if sending Ps JM on a mission to persuade me. I remembered Ps JM‘s words well. Ps JM was telling me how kind and helpful these two officers, PS and MHBK were, and keeps repeating this a few times. That they were willing to “help” me and keeps singing praises of these two officers. It was a clear hidden message by Ps JM to me to instruct my family to approach these two officers via a fixer to “help” me. Why should I?

According to Ps JM‘s account, he went to Setia Tropika Immigration HQ to look for Investigating Officer, MHBK to enquire on my case. He later went to give his statement and testimony to PS about my character and my charity work involvement in collaboration with a Malaysia charity organization.

Ps JM “seems convinced” that both PS and MHBK are kind and helpful officers, willing to “help” me. My family member can approach them for “help”, rather than paying for two lawyers to deal with Immigration Department of Malaysia. Ps JM informed me that he will be talking to my family about this matter.” End of quote.

What was the message that this “messenger” brings when he meets my family at a coffee shop at Gelang Patah?

As for the police reports lodged on lying in affidavits, an act of “tampering” evidence, and producing a fake re-typed “manufactured” unsigned remand order shows signs of desperation to prevent further digging deeper on the circumstances surrounding my purported offence. Hence it is expected that the police investigations on the four police reports would help to reveal more findings to uncover the truth of the “immigration raid”, the illegal detentions and the immigration blacklist for life.

Those who take refuge in God will be hidden in the shelter of God’s presence

Police reports to reveal the truth

My Malaysian lawyer’s closing submission in the Appeal Court, quote: “The prosecution stressed that there was an investigation, investigation, investigation. What investigation? What was found out? Did they get certain evidence to say that he committed this offence? For these reasons I would say that he did not commit any offence and all the alleged investigation doesn’t show a single piece of evidence to say that he committed or was even in Malaysia in that immediate period of time except just before the period of arrest. So that means that he could not have been managing.” unquote.

The DPP closing submission, quote: “The high court judge had meticulously dealt with the allegations put up by the appellant, if I can read verbatim, Ariff. At paragraph 34, and these are the things that have been death by the high court judge, saying that the allegations made by the appellant is purely groundless, baseless and all these allegations were answered by the affidavits, by namely the IO himself, affidavit MHBK, affidavit HBB of depot commandant and affidavit MZ which is the depot officer himself.” unquote.

However, both IO MHBK and Commandant of depot HBB were proven as untruthful and unreliable witnesses and found lying in their affidavits in high court. MHBK were proven as untruthful witnesses and submitting inconsistent affidavits before two different judges, namely MNBMG and NBB.

Snippet of correspondence with Malaysia Authority re. serious concerns of falsehoods in court records
Snippet of para 34 of Judge MNBMG‘s written judgment.

Conclusion to justice is based on truth, not falsehoods

#1 – With facts showing serious concerns of falsehoods contained in both my High Court and Appeal Court records, there is now doubts about such tainted court’s judgment. Where do I stand in view of a tainted court judgment?

#2 – There were four police reports made to the Royal Malaysia Police on the 8.12.2021. As at 5.12.2022 there is no investigation, no findings, no actions, no replies, just dead silence for months from the Royal Malaysia Police.

#3 – During the Appeal Court proceeding, my lawyer submitted that DPP has not presented a single piece of evidence to the High Court and the Appeal Court that can prove that I have committed an offence.

#4 – To uphold the integrity of the Malaysian judiciary and justice, the truth of the whole matter must be established through a police investigation.

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