🔊 Listen to this When the Application for Revision hits the wall.

On 17-11-2021, my Appeal Court hearing has ended and the three appeal judges dismiss my appeal as without merit.

This is my appeal against Judge MNBMG‘s dismissal of my case under Permohonan Jenayah No WA-44-178-07/2019.

With the dismissal by the three appeal court judges, the path to clear my name of the immigration offence and to lift the lifetime immigration blacklist came to a dead end. It is end of the road does not means there is no other alternative route to achieve my objective.

Earlier on 4-5-2021, I have won one court victory for the Saman Pemula No. WA-24-5-01/2020 case. This is for the illegal detention from 14-3-2018 to 26-3-2018. And from this whole court process, I have obtained a few findings of facts that are very useful. I believe that pursuing a different route to achieve my objective is now open.

Not only did I obtain few findings of facts from the Saman Pemula No. WA-24-5-01/2020 case, but I have also obtained few findings of facts from Permohonan Jenayah No WA-44-178-07/2019 case as well.

Findings of Facts from two High Court hearings

Up till 20-10-2021, I have not received from my Malaysian lawyer the written judgment of the 19-12-2019 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 dated 21-2-2020. My Malaysian lawyer then sent me MNBMG‘s written judgment and also the written judgment for Saman Pemula No. WA-24-5-01/2020 dated 23-8-2021.

Upon receiving and reading these two sets of written judgments, I found lies and falsehoods incorporated in written judgment, statement inferring lying in affidavits, and statement inferring fake remand order used as exhibit. I started having more understanding that leads me to certain thoughts and important questions to ask my Malaysian lawyer for answers and advice.

Finding #1 – para 38 and para 55 of Judge MNBMG‘s written judgment was a falsehood that was based on the affidavits of Deponent MHBK and Deponent HBB, which successfully deceived Judge MNBMG. Both deponents were lying in their affidavit and the lying is confirmed when Judge NBB declare that I was not produced on the 12-3-2018 before a Magistrate, contrary to what MHBK and HBB had averred in their affidavits.

Finding #2 was the rejection of the averment by the investigation officer when he affirmed that he had personally brought me before a magistrate on the 12-03-2018. It means that the deponent had lied.

And finding #3 was two remand orders were presented before the court, meaning that one remand order is an authentic order whereas the other remand order is a re-typed unsigned “manufactured” fake order.

There was also a finding of facts of a “tampered” exhibit “HB-1” submitted by HBB.

These are the malfeasances from the findings of facts that can be pursue on their illegality through police action.

Also, I can pursue the illegal detention matter, which is a criminal offence, confirmed with the court order given on 4-5-2021 by Judge NBB.

Police action is the alternative route to bring out the truth of the matter.

One of the important questions is about the illegality of a 2nd part detention that was never mentioned before. This detention was after the Immigration offence case had been settled by the Immigration court, gotten a court discharge order but yet the Immigration officers continued to detain me. The detention period was from 27-3-2018 to 3-4-2018. So, I asked whether I could make a police report on this detention, and he believe so as it is illegal to detain me contrary to the court discharge order issued for my release.

My Malaysian lawyer also informed me that with the High Court judge, NBB‘s court order, I can lodge police reports on the part 1 illegal detention to the Royal Malaysia Police as it is a criminal offence committed by the Malaysian Immigration Authority officers.

I then followed the instructions given by the ACP with the High Commission of Malaysia in Singapore to make police reports given my special circumstances due to the immigration blacklist for life.

The arrangement was to make the police reports at a Singapore police station. It will then be sent to Interpol Singapore. Interpol Singapore will then send to Interpol Malaysia, who would then forward to RMP Bukit Aman.

Finally, on the 8-12-2021, I went to Woodlands Regional police station to make police reports on four matters, including the 2nd part illegal detention.

Two-tracks action for 2nd part illegal detention

Though I had managed to make a police report on the 2nd part illegal detention, I also had to make sure that this 2nd part illegal detention to surface up into public and official record.

As many had shared with me that many police reports to the RMP went into a black hole, I have to make sure that it would not be the case with this 2nd illegal detention. I sue the Malaysian Immigration Authority on 20-1-2020 under Originating Summon (Saman Pemula No. WA-24-5-01/2020). This will make sure that if the RMP does nothing, then this court action will finish the work.

Another factor that makes me start the civil suit is because the AGC had appealed against the 1st part illegal detention judgment. I will make sure that even if the Malaysian Immigration Authority managed to overturn this 1st part illegal detention, they may still have an illegal detention to their official record. And I thank God that I not only won a second court victory for the 2nd part illegal detention, but I also won the Appeal Court victory for the 1st part illegal detention. And in the process, more damning findings of facts landed in my hands.

Objective for this police action is to uncover the truth

Time to gets the truth with police reports is about having the Royal Malaysia Police investigates these police reports, uncovers truth (i) of the matter concerning these Immigration officers’ involvement and motives pertaining to the immigration offences against me, (ii) of the matter concerning the criminal scheme using two illegal detentions and (iii) of the matter concerning the lifetime immigration blacklist in view of an illegal backdoor offer.

This has been nearly five years of anguish and seemingly despondency over the immigration blacklist situation. Though it is tough, but the blacklist is currently quite worthless to bother about compared with seeking equality of justice as enshrines in the Malaysia Federal Constitution Article 8(1). Having charged me, a non-citizen, Malaysia government is obligated to charge her own citizens breaking Malaysia laws. RMP has been silent for more than a year on these police reports. Is this confirmation of a double standard? God is sovereign over all nations and people, and God will ensure equal justice will be rendered.

Section on Police Reports and related Orders.

Police Report on Part 2 Unlawful, Illegal and Unconstitutional Detention

This police report was made on the 8-12-2021 without the evidence of a High Court declaration. Subsequently, a court order was successfully obtained on 12-9-2022, declaring the part 2 detention was illegal, unlawful and unconstitutional. Court order as shown on above image.

High Court Order Declaration for Part 2 Detention Illegal, Unlawful and Unconstitutional

Police Report for Part 1 Illegal, Unlawful and Unconstitutional Detention

High Court Order Declaration for Part 1 Detention Illegal, Unlawful and Unconstitutional

The Appeal Court on 31-10-2022 confirm the May 4th 2021 High Court declaration when the appeal court three judges unanimously dismissed the AGC’s challenge. News and the Appeal Court Order as shown on image.

Police Report for Lying in Sworn Affidavit

Police Report on re-typed unsigned “Manufactured” Fake Remand Order

Police Report for Lying in Affidavit and Act of “Tampering” Evidence

End of Section on Police Reports and Related Orders

Section on Police Reports status

Updated Status of Police Reports and related emails correspondences

As of 30-12-2022

As of 5-12-2022

End of fifth set of email correspondence

Email sent out on this date. See below image.

Reason is to give notice of court action requesting for Judicial Review. This is my last email reminder that I will send.

As of 29-11-2022

Email sent out on this date. See below image.

This email is to set out the moral basis of pursuing this matter. The law of Malaysia must be equally applied, and the Government of Malaysia is held to this standard in accordance with the Federal Constitution Article 8(1).

What is the content of this email dated 29-11-2022?

The content of this email is lengthy, and a similar copy of the content can be read at Equality of justice is universal.

If you had charged me according to your Malaysia law, please make sure that you also charged your own citizens, including your civil service uniform service men and women breaking your Malaysia law.

This is all about equality of justice.

If the above 4 police reports are not being investigated, how can anyone believe that there is equal justice in Malaysia as enshrined in the FC?

On the 8 December 2022, it is the one-year anniversary of the police reports with no action whatsoever.

In ending, all I can say is this: Where is Justice if Article 8(1) is true?

This is all about Equality of justice is universal.

As of 3-11-2022

On the 31-10-2022, the Appeal Court heard the appeal by the Malaysian Government against the High Court judgment issued on 4th May 2021. This 4th May 2021 High Court judgment declared that my detention from 14-3-2018 to 26-3-2018 by the Malaysian Immigration Authority is illegal, unlawful and unconstitutional.

The Appeal Court unanimously dismissed the Malaysian Government’s appeal and ordered cost of RM10,000 to be paid to me. This judgment passed by the three appeal Court judges had re-affirmed the fact that the detention from 14-3-2018 to 26-3-2018 was indeed illegal, unlawful and unconstitutional without a doubt.

This Appeal Court order is the evidence in support of Police Report L/20211208/2005 which was also attached to this email.

So once again, it is time again to email the Malaysian Police regarding my police report filed against all the Immigration officers who had taken part in this illegal, unlawful and unconstitutional detention.

As of 13-10-2022

So once again, it is time again to email the Malaysian Police regarding my police report filed against the Immigration officer who had sighted my court discharge order but refused to release me. Instead, this Immigration officer deliberately locked me up illegally, unlawfully and unconstitutionally in Kluang prison, then Pekan Nenas Immigration depot.

By not investigating on this criminal offence, the Royal Malaysia Police’s double standard is on full display to the whole world.

As of 30-9-2022

Start of fifth set of email correspondences

Received the Malaysia KL High Court order on 29-9-2022. Make a police report to includes High Court order, as evidence of wrongful confinement and the inclusion of two immigration officers.

Will the Royal Malaysia Police’s double standard continue? Are they protecting criminals by not taking action?

Malaysia Penal code Act 574 Section 342 to Section 348 on wrongful confinement

Malaysia Penal code Act 574 Section 219 to 220 on

Section 219 on Public servant in a judicial proceeding corruptly making an order, report, etc., which he knows to be contrary to law.

Section 220 on Commitment for trial or confinement by a person having authority who knows that he is acting contrary to law.

As of 12-9-2022

End of fourth set of email correspondences

On this 12th day of Sept 2022, the Malaysia KL High Court has declared that my second detention period is illegal, unlawful and unconstitutional. this is detention period after the court had issued me a Discharge Order on the 26-3-2018.

This means that I have finally obtain a court declaration as evidence and proof of a criminal offence committed by Malaysian Immigration Authority officers against me. It is clearly a criminal offence under the Malaysia Penal code Act 574 Section 220. and there must be application of equality of law regardless of whether Malaysian or Singaporean committed any criminal offence.

My police report ref L/20211208/2001 (see report below) is pertaining to this claim and it is also reiterated in my request to the Malaysian Government/AGC to act justly on this issue of “unlawful detention is a criminal offence” with regards to Malaysia law Act 574.

When report No. L/20211208/2001 was made on 8-12-2018, it was for me to surface this illegal detention that has been unmentioned throughout my court journey. My court journey story will not be complete without this 2nd part detention after the purported immigration offence was settled.

Knowing the double standard practiced by Royal Malaysia Police as told by others having experience with RMP, I decided on a two-tracks action. In the event that the police report failed to do its job, then there is an alternative that will finish the job. With strong evidence to prove the illegality of this part 2 detention, I have confidence in a victory for fighting this civil suit. This is what drives the decision to take out a civil suit in Jan 2022.

Instead of allowing me to be set free after getting a court discharge order, Malaysian Immigration Authority officers abused their power and continues to detain me for eight more days without valid reason nor explanation. I was released only after the Singapore Consulate Attaché intervened upon my family’s request for help to secure my release.

I thank God that these criminal civil servants, with power to detain, will be dealt with so that they will no longer be abusing their power to ruin others’ life at their whims and fancies.

As of 24-8-2022

About one more month has passed and still no action nor response by the Malaysian police after the previous email reminder.

What is significant for this email reminder dated 24th August is the news that the ex-PM of Malaysia had failed in the FC appeal and thus headed to jail. Justice was certainly rendered in Najib’s case but not so in my case.

As of 28-7-2022

After a duration of more than one month, I have yet to receive any reply or response from Malaysian police despite reminders.

On the 26th and 27th July 2022, the Malaysiakini news media published two articles on my illegal detentions by the Malaysian Immigration authorities. Two of the police reports are related to these illegal detentions. Despite being of public interest and the principle of equality of justice, the Malaysian police has yet to action on these reports.

I have once again sent out a reminder email to the Malaysian police and copied to the Human Rights Commission, Suhakam. Will Suhakam rises up to the occasion?

As of 8-7-2022

This reminder is to question Royal Malaysia Police on their non-reply and silence to every email that was sent to them. I find this shameful and of no standard for an enforcement authority, lack of courtesy and professionalism.

As of 23-6-2022

To follow up on this complaint after receiving a reply from MFA. It seems that MFA was misled into believing that the Malaysian Police had replied on the 27-5-2022. It was replied to MFA that Malaysian police had provided a final formal letter to me on this police complaint. However, RMP hides the fact that my Malaysian lawyer had responded and replied to the 27-5-2022 letter. This email reply is to address the Police’s “reasons” for their non-action all these months as being invalid reason. Instead, Royal Malaysia Police is advised to take prompt action on the police complaints.

As of 17-6-2022

After considering the complete silence by Interpol@rmp.gov.my on the status updates in my correspondences and the non-action by Interpol Bukit Aman’s representative to taking any action thus far.

I had replied and stated my position to Interpol Bukit Aman and to the Ministry of Foreign Affairs (MFA) Singapore in this correspondence.

This correspondence was for the purpose of transparency and fairness to all parties.

As of 13-6-2022

As of 8-6-2022

Start of fourth set of email correspondences.

It has been six months from the date of police reports and after receiving a letter from Supt Saravanan dated 27-5-2022. As usual, I am asking on the decision and course of action by RMP.

As of 30-5-2022

End of third set of email correspondence

As of 27-5-2022

Received an official letter from RMP as attached.

5-Letter-from-Polis-Diraja-Malaysia-dtd-27-May-2022

As of 12-5-2022

Sent out a reminder for a status update on the occasion of the presentation of Johor Royal Highness bestowing the state’s highest award to Singapore PM Lee. This award was in recognition of “longstanding close and strong” relationship between the neighbors. Is that so when the RMP will not “do the right thing”?

As of 4-5-2022

Start of third set of email correspondence

This email attaches the email of Dr Arun, my Malaysian lawyer to RMP and reminding them that their status of my complaints is outstanding after numerous reminders. Obviously, I knew that the silence is deliberate as there are many stories from friends about theirs and others, lots of police reports went into a blackhole. Double standards, incompetence, lazy, selective prosecution, others, you decide? What a country for foreigner investors.

As of 28-4-2022

Start of second set of email correspondence.

The reply from my Malaysian lawyer after RMP tries to reset the timeline for status update on police reports complaint.

In their letter to my Malaysian lawyer, RMP requested Dr Arun to file new police reports of the same police reports that I have filed. The reason: police reports have to file on Malaysia soil. But this reason is not valid as: Firstly, police reports have to be file directly by complainant, not lawyer. Secondly, I am on a lifetime immigration blacklist and unless the Malaysia Government issue me a special visit pass to allow me to do so, it is not possible. Thirdly, this is a specific instruction from a Malaysia Government High Commission to me and which I have followed. Is this Malaysia Government officer wrong in giving this instruction or is the RMP wrong in rejecting my police reports?

As of 27-4-2022

End of first set of email correspondence

As of 14-4-2022

Everyone, not only my Malaysian lawyer, should be amazed and appalled to such an “attitude” coming from Malaysia government enforcement authority.

Silence and non-reply to correspondence on official matters that were raised, no professionalism at all.

As of 13-4-2022

As of 24-3-2022

Response from the High Commision of Malaysia on my four police reports filed against Malaysia Immigration Authority officers. Already it is more than three months and no status update before this response.

As of 21-3-2022

My Malaysian lawyer writing to RMP as my lawyer, an officer of the Malaysian court for a response and a status update. This was after more than three months of non-reply and silence from RMP to all my emails to RMP for the same request as my Malaysian lawyer.

As of 5-3-2022

A follow-up chaser reminder to last email, after nearly three weeks.

As of 24-2-2022

Reminder email: Requested RMP and High Com of Malaysia for updates after three weeks but no reply and updates from High Com of Malaysia and Interpol@rmp.gov.my

As of 16-2-2022

This is a detailed write-up in a follow up email to RMP and copied to other government officials, putting everyone in the loop as to the matters being referred to in my correspondence to RMP.

As of 22-12-2021

After two weeks, 22-12-2021: No reply and update from Interpol@rmp.gov.my

As of 16-12-2021

Update of status to be expected after one week, 15-12-2021. This was the indication given by Malaysia High Com: But no reply from Interpol@rmp.gov.my.

As of 8-12-2021

The day the four police reports were lodged: 08-12-2021.

1. Police report no. L/20211208/2001
2. Police report no. L/20211208/2005
3. Police report no. L/20211208/2011
4. Police report no. L/20211208/2016

6-12-2021

Received email from High Commission of Malaysia with instructions on lodging police reports against Malaysian Immigration Authority officers. This instruction was given under special circumstances which does not allow me to be in Malaysia to make these police reports. The special circumstance is this: The Malaysia Immigration Authority has put me on a lifetime immigration blacklist.

Post updated on 8-Jan 2023