Serious Concerns of Falsehoods On Records

The below report is a public account that I have published to the relevant Authorities, NGOs & other relevant independent parties:

Subject: Serious Concerns Of Falsehoods On My Case’s Records

In view of my complaints and the four police reports lodged regarding abuse of human rights perpetuated on me, I would now bring to your attention these serious concerns regarding my case to provides context to the police reports:

I believed that affidavits submitted by the two immigration officers to the court contained falsehoods and for which two police reports to the RMP had been lodged. This falsehood is pertaining to the fact about me being presented to the Magistrate on the 12-03-2018. 

Not only was there falsehood, I believed that a fake “manufactured” court document was used in court as reported in my police report. Together with a fake “manufactured” court document, there is also potentially an act of “tampering” of evidence as reported in the police report.

snippet of police report ref 2013
snippet of police report ref 2016
snippet of police report ref 2016-3

Heading (added in for ease of reading)

Pending the outcome of the police investigation based on the four police reports, I will now refer to the written judgment as contained in the document, Permohonan Jenayah No. WA-XX-XXX-XX/2019, in particular to these two paragraphs, i.e. para 38 and para 55 which is the cause of serious concerns as explained below:

Para 38: “This is not just the absence of any issues raised to the depot authorities and to the investigation officer, but also to the magistrate during remand proceedings, …” This sentence in paragraph 38 have asserted as a fact that I was presented to the magistrate on the 12-03-2018 for remand proceeding was a falsehood. See snippet of paragraph 38 of Permohonan Jenayah No. WA-XX-XXX-XX/2019.

snippet of paragraph 38 of Permohonan Jenayah No. WA-XX-XXX-XX/2019

Similarly it is repeated of the same falsehood that I was brought before the magistrate on the 12-03-2018 for remand in Para 55: “The applicant in this case before me not only did not raise complaints whilst in remand with the depot authorities or to the investigating officer, or to the magistrate who had allowed remand, …”. See snippet of paragraph 55 of Permohonan Jenayah No. WA-XX-XXX-XX/2019.

snippet of paragraph 55 of Permohonan Jenayah No. WA-XX-XXX-XX/2019

Heading (added in for ease of reading)

Both these two paragraphs are now proven to be a falsehood by another KL high court written judgment as contained in the document, Saman Pemula No. WA-XX-X-XX/2020 that concludes that I was never presented to the Magistrate on the 12-03-2018. See snippet of Saman Pemula No. WA-XX-X-XX/2020 below.

Snippet of Saman Pemula No. WA-XX-X-XX/2020

Heading (added in for ease of reading)

This falsehood is linked to the depot commandant’s potential lies in her affidavit as well as from her submitted exhibit that had a page 3 of 3 missing from a set of 3-pages document. See snippet of police report ref 2016 above.

When one page of a set of documents indicates three pages with one page missing that is a red flag to any reviewer. Myself being an ISO 9000 auditor while being employed by a MNC, will ask where is the missing page 3 so it can be presented for a complete verification of the facts.

The missing page could be an act of “tampering” of evidence and had been reported to the police for investigation now but was missing in the affidavit then that causes this falsehood.

Miraculously I believed that my Lord Jesus delivered this hard copy page 3 of 3 evidence into my hand so as to reveal the truth about the non-presentation to a magistrate for remand proceeding on 12-03-2018.

Leaving these two paragraphs that contain falsehood on the court record, Permohonan Jenayah No. WA-XX-XXX-XX/2019 is to allow falsehood to propagate and perpetuates thus causing grievous injustice to me that I have no avenue to redress this grievance. The only avenue at this time is to bring his falsehood being a serious concern regarding my case to your attention.

Heading (added in for ease of reading)

The next serious concern is found on paragraph 34 which acknowledged that the replies by the two immigration officers in their affidavits is enough to disregard the validity of my complaints without need of further verifications and investigation of any of my complaints. See snippet of paragraph 34 of Permohonan Jenayah No. WA-XX-XXX-XX/2019.

However it is now shown that both the investigation officer and the commandant of the depot have potentially lied in their affidavits averring that I was brought before a magistrate when it was not true according to the findings contained in the document, Saman Pemula No. WA-XX-X-XX/2020 that I was never brought before a magistrate on 12-03-2018.

This shows that paragraph 34 had findings that concluded on unreliable and untruthful affidavits. Police reports had been made on 08-12-2021 to investigate these two affidavits whether the deponents have deliberately lied to the high court in their affidavits.

Heading (added in for ease of reading)

Then this falsehood perpetuates and is carried over to the appeal court proceeding where this document, Permohonan Jenayah No. WA-XX-XXX-XX/2019 that contains falsehoods became the document that the DPP relied on and his quote: “And I humbly submit that all these allegations is baseless and I stand guided by the findings by the learned High Court Judge.”, unquote.

During the appeal court proceeding, the DPP had specifically quoted paragraph 34, ”The high court judge had meticulously dealt with the allegations put up by the appellant, if I can read in verbatim, Ariff. At paragraph 34, and these are the things that have been dealt 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 XX, affidavit YY of depot commandant and affidavit ZZZ which is the depot officer himself.” unquote.

To date, these falsehoods have been perpetuated through the court document, Permohonan Jenayah No. WA-XX-XXX-XX/2019 and into the court records of the appeal court as well.

Lastly, during the appeal court half-an-hour proceeding (attendance via zoom video-conferencing), my lawyer’s closing submission to the appeal court in response to the DPP’s submission based on Permohonan Jenayah No. WA-XX-XXX-XX/2019 includes a crucial point in relation to the falsehood as mentioned below (in red font).

The DPP had asserted to the appeal court the falsehood pertaining to the assertion that I was presented for remand on 12-03-2018. The DPP stated this before the appeal court, quote: “In fact, Ariff, he had all the opportunity to voice out his disagreement  even during the remand period. In fact during his remand proceeding, all these were never disclosed.”, unquote. The DPP’s assertion is referring to the falsehood of a remand proceeding before a magistrate on 12-03-2018.

Heading (added in for ease of reading)

My lawyer in his closing submission to the court submitted that there was not a single piece of evidence in response to the DPP’s assertion of investigations over the continuous period of 26-days lock up and the DPP’s assertion of paragraph 34 – the falsehood of a remand proceeding on the 12-03-2018 that allows me to complain to the magistrate.

And so the DPP had further propagated this falsehood that is contained in the document, Permohonan Jenayah No. WA-XX-XXX-XX/2019.

Since these falsehoods against me that are in court record have propagated from the high court trial and perpetuated to the appeal court record, my only recourse is to expose publicly that these falsehoods that were recorded as facts in my court document are serious concerns regarding my case.

The above-mentioned incidents of serious concerns regarding my case together with the pending police investigations have raised many serious questions on my case.

Most importantly, as I have held public office previously as president of an organization registered with the Singapore Registry of Societies, I am obligated to the organization and the public to establish a fair, full and truthful account of what happened. See ROS record of public office holders

A fair, full and truthful account must take into consideration all these highlighted serious concerns and includes the result of the Malaysia police investigation. There is no intention to disrespect the judiciary or impinge on the judiciary or any judges. This is put out for transparency and fairness for all.

Date his report was published to relevant Authorities and others on 31-12-2021

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