Seeking Justice Based on Truth and Not Falsehoods

Oh, what a glorious day of May 4th 2021 for me. This is the day a KL high court made a declaration on my illegal and unconstitutional detention by Malaysia immigration.

After the high court declaration, my lawyer wanted to adduce new evidence to the appeal court. This new evidence, i.e. this declaration which shows that the immigration officers were untruthful and unreliable in their affidavits. They were untruthful in affirming that there was a magistrate remand order and proceeding. The truth on whether my detention was illegal and unconstitutional was finally out.

This new evidence, if adduced before the appeal court, would have corrected the falsehoods in high court published judgment. These falsehoods were in paragraph 34, paragraph 38 and paragraph 55 of the published record.

However this application was rejected by the appeal court and were perpetuated during the appeal court proceeding. Eventually these falsehoods were perpetuated during the appeal proceeding and recorded into the appeal court records as well. Hence there was falsehoods contained in my case’s records and therefore brought to the Malaysian Authority’s attention on 31st December 2021.

May 4th 2021 Declaration

Findings of facts in High court published judgments

Up till Oct 20th 2021, I have not received the published judgment of the Dec 19th 2020 court proceeding. I then enquired with my lawyer for all the high court proceeding published judgments.

Following, my lawyer sent me the Dec 19th 2020 published judgment and also the May 4th 2021 published judgment.

HC published judgment for Dec-19-20 & May-4-2021 proceeding

After reading the documents, I started having thoughts and questions that I need to ask my lawyer for legal advice.

My first question harks back to the continual detention after the payment of my fine. I am clearly aware that immigration officers had abused their power by continuing to lock me up. It was only after my family pressured these immigration officers that they released me on 04-04-2018. My release was possible because of the help rendered by the Johor Bahru Consul General of the Republic of Singapore.

Snippet of letter to Consul General for his help

This sort of detention that is without a court order, called extrajudicial detention, is unlawful. My thought for a long time was how to bring this unlawful act up to the court?

This extrajudicial detention was never mentioned anywhere throughout my court journey. Such an unlawful incident cannot be left unmentioned but must find a way to surface this up. Somehow it must be brought up to the authority to bring these perpetuators to justice.

Me to 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 26-03-2018. There is no legal reason to keep me in detention up to 4th April 2018.”

Lawyer’s answer to me: “Yes, as you have a court order now on the 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.

So I started to work on the crucial task of making a police report on this extrajudicial 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. There was no precedent for a Singaporean to lodge police report to the Malaysia Royal Police 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 Malaysia High Commission 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 was not able to connect through. I gave up calling to book an appointment.

Then I turned to my GRC MP for Marsiling with a “request for assistance” to make the police reports. It was a negative reply from my GRC Marsiling MP. He then 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 their stand that they would not provide any assistance. I settled to find other ways on my own to have this crucial task completed.

I then thought to approach the SDP Marsiling candidate, Mr. Bryan Lim, for my GRC in the July 2020 election for his advice.

He was a God-sent messenger in this difficult situation of mine. He provided me a very brilliant advice. “Don’t call the Malaysia High Com hotline. Instead send them an email and copied a few specific NGOs. If there is no reply from the High Com, 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 06-12-2021. It was also about a week after following this SDP candidate’s advice. On the 06-12-2021, the Malaysia High Commission sent a reply with a positive response. It was beyond my imagination that finally after more than six weeks I could made the crucial police reports. Their officer responded with specific instructions on how to make the police reports. This is a without-precedent task and needs special arrangement so that it will then goes to the Royal Malaysian Police (RMP).

Specific instructions in lieu of protocol

There was no precedent on making a police report outside of Malaysia to the RMP 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 have made four police reports and now hoped the ensuing investigation will reveals all the facts about the immigration detention that happened from 28-02-2018 to 04-04-2018. Not only the facts but to gets to the truth of the matter too.

Making police reports to find answers on immigration’s real motives

There were two police reports on illegal, unconstitutional and extrajudicial detentions. Another two reports were on potential lying in affidavits, determining whether an act of “tampering” evidence, producing a seemingly faked “manufactured” remand order.

The police report on extrajudicial detention will find answers as to why they wanted to detain me extrajudicially. What is their motive for doing this? Were they expecting something from my family before they would release me? There is no valid reason to detain me further upon the payment of court fine. If immigration’s action was based on Section 55E(1) immigration offence, then this extrajudicial detention will not happened.

Big question mark on why immigration sent messenger to my family

As to the police report on the unconstitutional detention, the important question is why is there a need for immigration to send a messenger to talk to my family?

If the immigration officer is investigating me for a so-called immigration offence, is he trying to use the investigation threat to obtain something from my family?

What was the message from the immigration officer to this messenger to bring to my family?

What has sending a messenger to talk to my family to do with investigating me for an offence except possibly making arrangement for a fixer or runner to collect on behalf of the immigration officer/team?

As for the police reports lodged on potential lying in affidavits, determining whether an act of “tampering” evidence, and producing a seemingly fake “manufactured” remand order shows signs of desperation to prevent further deep digging deeper on the circumstances surrounding my conviction. Hence whatever the outcomes from these police investigations, it is going to reveal whatever scheme that had been plotted in secret.

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

Police reports to reveal the truth

My 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.

Snippet of correspondence with Malaysia Authority re. serious concerns of falsehoods in court records

Conclusion to seeking justice based on truth and 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 the court’s judgment. What is the legal standing of a judgment if the court judgment had incorporated falsehoods?

#2 – There were four police reports made to the Royal Malaysia Police on the 08-12-2021. As at 09-01-2022 the status of the police investigation to establish all the facts is unknown. Similarly the investigation reports and findings has yet to be reported and published.

#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 – For the purpose of transparency and for justice, the truth must be established. The truth will tells us whether an offence was committed or not.

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