Nazri: Forensic Investigations on Unused Election Materials Found in a River of Sabah

I was early to Parliment this morning, after the House was adjourned for 6 weeks.

I wanted to ask a supplementary question to the first question on the order paper of the day which was:-

Datuk Ir. Edmund Chong Ket Wah [ Batu Sapi ] to ask the PRIME MINISTER to state the action taken to destroy the bags containing postal votes that were found in Sungai Menggatal, Sabah. The way
that incident can affect the image of the country in holding a fair andclean election.

The reply of Dato Seri Mohamed Nazri is reported in Malaysiakini.

Although I stood up twice, trying to get a chance to ask a supplementary question, the Speaker did not notice me. Perhaps, he decided to call other MPs to speak.

I wanted to ask about the 72, 058 unreturned postal votes in the last general election. I did ask about the said votes in the June session and posted it here

( In brief, the translation to the reply : Election Commission is only responsible to postal votes returned before 5 pm. Postal votes unreturned after 5 pm is not within the jurisdiction of Election Commission and the Commission does not need to investigate the causes of the unreturned votes or locate the said votes. According to the law, after the votes have been sent out, it is up to the voters to decide the next course of action. It is democracry practiced in Malaysia, the right of individual voters to decide to cast the vote or not)

Today, the Minister in replying to the question raised by MP for Batu Sapi said that it was only unused election materials (1999) and bags with plastice wrappers. Further, the police is now conducting forensic investigations to detect the age of the bags!

Oh! Police is directed to spend time to conduct forensic investigation to find out the age of the bags, but the government is not interested to find out the missing unreturned postal votes!

Why is the government always get the priorities wrong? Why is common sense and logic do not prevail in the leadership? Or are they trying to hide something?

The above is the supplementary question which I wanted to ask but was not given a chance. Will try again next time.

7 Comments »

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  1. OFF CAUSE, WHEN GIVE PEANUTS YOU GET MONKEY,
    AND WHEN YOU GET MONKEYS RUNNING THE ADMIN,THIS IS WHAT THE ANSWER IS.

    Comment by ORANGUTAN — October 14, 2008 @ 12:20 pm

  2. dear poh kuan,

    just read about what happened today in the august House. i am surprised that that fellow who differentiates help based on “fairer” or “darker” skin colour dares to say they help all people of all races.

    read below:
    http://lordoftheories.blogspot.com/2007/05/my-lovely-country.html

    Comment by myop101 — October 29, 2008 @ 9:56 pm

  3. Dear YB

    It’s been some months since the EC said they were trying to dispose the $2.4 India Ink. But there has only been absolute silence since.

    I still think they never ordered or bought the Ink and have been ‘economical with the truth’ and are trying to delay things hoping everyone will forget about it.

    Perhaps you can petition the Auditor General to carry out an independent investigation to get at the truth!!

    http://donplaypuks.blogspot.com

    Comment by donplaypuks — October 30, 2008 @ 5:13 pm

  4. Malaysia is a gone case, because all independent institutions have been long corrupt. Only salvation is “hmmm can’t even think of one as everything is already rotten”. So you see I rest my case.

    Comment by justice — November 21, 2008 @ 11:29 am

  5. YAP CHONG YEE, 5a Prinsep Road, Attadale, 6156, Perth, http://yapchongyee.blogspot.com
    TO,
    Yang Ariff Judge Dato Mohd. Raus Shariff
    Yang Ariff Judge Dato James Foong
    The Judge Managers,
    Re : Originating Petition No. D2-26-41 OF 2001 ;
    Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd
    Dear Yang Ariff, Please accept my appology for writing in English and not in Bahasa because I am illiterate in Bahasa. I wish to make my complaint to you as the newly appointed ‘Judge Manager” to reform the Malaysian Judiciary going forward to achieve a judiciary that is independant and can win the respect of the People and the world at large.
    My complaint arises and directly relates to the above Petition D2-26-41 of 2001. I am formally making criminal charges against Judge Dato Zainon binti Mohd. Ali of the Malaysian Court of Appeal. for (1)abuse of her judicial powers (2) pro-actively participating in a Criminal Conspiracy to pervert the course of justice (3) actively participated in a conspiracy to commit perjury and actively participated in committing FORGERY, AND actively participated in fabricating forged documents that were criminally affirmed by deponent and respondent Mr Stephen Lim Cheng Ban who criminally alledged to be TRUE ORIGINAL SUPPORTING DOCUMENTS THAT DEPONENT STEPHEN LIM ALLEDGED as proof of his ALLEDGED DEFENCE TO PETITIONER’S CLAIM.
    I charge Judge Dato Zainon binti Mohd. Ali as an active participant in Mr Stephen Lim Cheng Ban’s said action to deceive the court by the tender of these forged documents as true documents knowing that said documents were in truth and in fact forged documents. Mr Stephen Lim Cheng Ban’s criminal actions to deceive the court were AIDED AND ABETTED BY THE CRIMINAL BEHAVIOUR OF Judge Dato Zainon because she acted in the following manner fully aware of the fact that the documents that were tendered by respondent Stephen Lim were in fact forged documents; I charge Judge Dato Zainon had full knowledge that the tendered documents were forged on the following grounds (1)the forged documents visually did not in any meaningful way resemble Petitioner’s signature and Judge Dato Zainon could have compared the forgeries against Petitioner’s true signature that appeared in Petitioner’s many sworn supporting affidavits that were filed in the court files of the case, (2)Petitioner and I as her husband had made 3 police reports (one by my wife and 2 by me) that charged respondents Stephen Lim. respondent Wong Kem Chen and power of attorney of 1st respondent, M/s McLaren Saksame Sdn. Bhd. Mt Kwong Sea Yoon. When Petitioner through her counsel applied to Dato Zainon for leave to question the said 3 respondents for perjury and forgery, Judge Zainon refused leave and INSTEAD STRUCK OUT PETITION UNDER VERY ILLEGAL CIRCUMSTANCES ( facts will be set out later). (3)Petitioner in her supporting affidavit had all along stated and emphasised vehemently THAT PETITIONER HAVE NEVER EVER SIGNED ANY COMPANY RESOLUTION NOR ANY TRANSFER DOCUMENT OF ANY NATURE WHATSOEVER; AND THAT PETITIONER HAD AT ALL TIMES ONLY ONE SINGLE PROMOTER’S SHARE AND THAT THE COMPANY HAD NEVER EVER ISSUED ANY SHARE CRTIFICATE TO THE ONLY 2 SHARE HOLDERS AND PROMOTERS OF THE COMPANY.
    Petitioner’s counsel Mr David Hoh submitted from the very outset that based on the Court of Appeal decision in Kelapa Sawit (Telok Anson) Sdn. Bhd. v. Yeoh Kim leng (1991) 1 MLJ 301 all issue of shares by directors that are not supported and endorsed by company resolution IS VOID AB INITIO. Therefore, the only relevant issue that Dato Zainon binti Mohd. Ali is duty bound to TRY THE ISSUE WHETHER PETITIONER IS TRUTHFUL OR RESPONDENTS ARE TRUTHFUL; because by the dcision in Kelapa Sawit (Telok Anson) Sd, Bhd. V. Yeoh Kim leng quoted above, then if Petitioner is truthful then except for the 2 promoters’ shares belonging to respondent Stephen Lim Cheng Ban and Petitioner Lim Choi Yin, ALL OTHER SHARES ARE VOID UPON ISSUE. Dato Judge Zainon binti Mohd. Ali had pro-actively comspired with respondents through her approval of Stephen Lim’s application to strike out said Petition, fully knowing that the RULE SET IN THE DECISION OF KELAPA SAWIT (TELOK ANSON) (1991) WILL GIVE PETITIONER THE VICTORY THAT SHE IS ENTITLED TO BY RULE OF LAW, decided to frustrate Petitioner’s RIGHT TO VICTORY BY ILLEGALLY STRIKING OUT SAID PETITION.
    THE REASON WHY I SAY THAT JUDGE DATO ZAINON BINTI MOHD. ALI HAD ILLEGALLY AND WRONGLY ACTED TO STRIKE OUT MY WIFE’S PETITION ON THE APPLICATION OF RESPONDENT IS because of the following facts :- (1) Judge Zainon had approved Respondents’ application for security for costs of Rm.60,000 and now plus Rm.20,000 interests accrued AND MY WIFE HAD PAID INTO THE HANDS OF 6 RESPONDENTS THE SECURITY FOR COSTS OF RM.60,000 and accepted by respondents, (2)following my wife’s payment of said security for costs respondent Stephen Lim Cheng Ban made a second application for striking out of said Petition AND JUDGE ZAINON WENT ON TO APPROVE THIS SECOND APPLICATION BY STEPHEN LIM AND JUDGE ORDERED THE STRIKING OUT OF SAID PETITION; EVEN AS ALL 6 RESPONDENTS RETAINED MY WIFE’S RM.60,000 PLUS RM.20,000 INTEREST.
    The reason why I say these two orders made together by Judge Zainon is ILLEGAL is because upon receipt by respondents of said security for costs, this payment by my wife and the acceptance by respondents of said security for costs SEALED A CONTRACT AND THE RM.60,000 BEING THE CONSIDERATION. The contract that arose out of this transaction is a matter of contract law AND IS NOT A MATTER OF procedure nor is it that of judge’s discretionary powers. The contract that arose is that if my wife pays her security for costs the court will try or hear my wife’s petition. On the other hand Stephen Lim upon receipt of security for costs IS BOUND BY HIS ACCEPTANCE OF SUCH SECURITY FOR COSTS TO ABIDE BY HIS AGREEMENT TO GO TO TRIAL; and as a consequence HE DID NOT COME TO COURT IN EQUITY, with clean hands. On the basis of these facts Judge Zainon had abused her judicial powers by approving Stephen Lim’s application for striking out said petition In this instance her illegal behaviour was to pro-actively release Stephen Lim from his obligation to go to trial BY JUDGE ZAINON’S ORDER TO STRIKE OUT SAID PETITION. In addition to her illegal actions to order striking out, is that upon approving said security for costs SHE DOES NOT HAVE ANY POWERS TO ORDER STRIKE OUT because security for costs MEANS THAT THE SECURITY FOR COSTS IS A MERE GUARANTEE TO THE RESPONDENTS THAT IN CASE PETITIONER LOST HER CASE, RESPONDENTS WILL HAVE CLAIM ON THE SECURITY FOR COSTS. IF THERE IS NO TRIAL IT ALSO MEANS THERE IS NO COSTS and respondents have no claim on the security for costs already paid by petitioner. These two orders are logical opposites and ONLY ONE ORDER CAN EXIST AT A TIME. respondents cannot have their cake and eat it too.
    The conduct and actions of Judge Zainon amounts to PERVERTING THE COURSE OF JUSTICE and the second application by Stephen Lim for an order to strike out petition after taking said security for costs constitutes OBTAINING MONEY UNDER FALSE PRETENCES BECAUSE BY HIS SECOND APPLICATION, STEPHEN LIM HAD SHOWN THAT HE DID NOT INTEND TO GO TO TRIAL but that he wants to retain his security for costs; and Judge Zainnon having knowledge that Stephen Lim had accepted his security for costs and that the retention by Stephen Lim of his security for costs in these circumstances, when he had no intention to go to trial, the actions of Judge Zainon in these circumstances amounts to AIDING & ABETTING STEPHEN LIM TO commit the offence of obtaining money under false pretences.
    Judge Zainon binti Mohd. Ali had committed several criminal offences while adjudicating as the judge in my wife’s petition, the question whether she acted out of ignorance of the law or not, she acted and conducted herself in breach of the law and has to suffer the full force of the law.
    I will be writing an identical letter to the Chief Justice, Tan Sri Zaki Azmi, your other JUDGE MANAGER, and I will send copy of this letter to President & Secretary of Bar Council, and 500 copies as fax to 500 legal professionals. to USA ambassador, High Commissioners o Australia, and Great Britain, Ambassadors of France, People’s Republic of China etc.

    signed
    yapchongyee

    Comment by yapchongyee — December 22, 2008 @ 1:28 pm

  6. THE DAWN OF A NEW MALAYSIA

    I think better when I can’t sleep and I am sleepless tonight and so here is an idea and indeed

    a prediction that the politics of Dato Seri Anwar is absolutely on the right path and the end

    for racial politics will at last see the light of dawn. My analysis is so clear that I will share my

    thoughts with those who will read this article.

    I want to believe and I think I am right to believe that Dato Seri Ahmad Bedawi has already

    defeated Tun Mahatir Mohd. and I can say now with certainty that PM Bedawi is even as we

    speak, AT THE STEERING WHEEL OF BARISAN NATIONAL AND WILL AFTER MARCH STAY ON AS

    PRIME MINISTER AND SEE THROUGH HIS FULL TERM, and Najib will be President of UMNO. I

    make this daring prediction on 2 counts (a)the candidate for the KT by-election is said to be a

    Bedawi MAN (2)Myhiddin is now faced off against a second rival (it does not matter who this

    2nd candidate is, but it is only relevant that he just cannot be a Mahatir MAN.

    I make this prediction on the assumption that KT by-election will be won by the BN

    candidate; and I think it will. It is important for my analysis and indeed my strategic thinking

    that PAS loose this election because from my perspective PAS is what UMNO is, A RACE

    ORIENTED POLITICAL PARTY that has thrived on divisiveness split along racial lines; and a

    style of politics that has caused TOO MUCH UNHAPPINESS AND SET BACK MALAYSIA’S

    PROGRESS 1/2 A CENTURY.

    Why do I say that Dato Seri Anwar is on the right track is because he has come to realise that

    racial politics has already had it day and has expired on the shelf. I have to make it very clear

    that I have never ever met Dato Seri Anwar and what I say has nothing to do with what he

    wants nor even that he even knows what I am now saying. My analysis is based on the

    inevitability of the events as they unfold on the ground. It is obvious that the by-election of

    the KT seat is a PROXY WAR between the forces of Mahatir vs. AAB because it has not escaped

    observers that there is a fight for control of the BN electoral machine between mukhriz vs

    khairy and it has also not lost on us as observers that khairy has won out against mokhriz.

    Therefore, if BN wins KT this honor for the BN victory will go to Khairy and with that the

    Presidenct of UMNO youth. If I have a say in opposition politics (which I do not) I will put my

    support (behind the scene of course) for the BN to win, because a win for BN will ensure that

    PM Bedawi remains at his office for the rest of his term, and since it is the perception of most

    Malaysians that PM Bedawi is weak, it will be to the advantage of Pakatan to fight the next

    election against Bedawi than to fight A RESURGENT UMNO. Therefore it is good strategy for

    Pakatan to remove PAS from their side at a time when PAS removal will pose no disadvantage

    to the PAKATAN. The influence of PAS is OLD POLITICS AND IT IS BAD POLITICS BECAUSE IT IS

    RACIAL POLITICS. The people of Malaysia has awakened to the realisation that racial politics

    has retarded their progress and IT IS POLITICS THAT HAS CAUSED TOO MUCH UNHAPPINESS.

    Having argued my case on the above basis, has the PAKATAN the daring and panash to do

    what is to my thinking is the obvious thing to do to finally ween ourselves off the politics of

    DIVISIVENESS AND EMBARK ON THE POSITIVES OR WIN–WIN–WIN politics of EQUAL

    CITIZENSHIP FOR ALL MALAYSIANS. If this is the aim of PAKATAN then progress and grow

    strong without PAS; they are old politics and they have no reason to exist if they become

    moderates; WHAT THE F..KS CHOPPING HANDS AND STONING TO DEATH OF ANY KIND AND

    UNDER ANY CIRCUMSTANCES IS BLOODY ABOMINATION.

    I say it is inevitable for PAKATAN to win the next election because it has taken 50 years to

    convince sufficient Malays to vote PAKATAN and pose a meaningful threat to the dominance

    of UMNO politics, and from here to a VICTORY FOR PAKATAN IS JUST A STONE’S THROW

    AWAY. THE MOMENTUM IS ON THE RISE FOR PAKATAN WITHOUT OLD STYLE POLITICS OF PAS.

    I wish also to remind PAKATAN that the Chinese vote bank of 24% is worth more than the

    unwanted support of PAS. I have always argued that the Chinese should push their weight as

    SWING VOTERS AND THAT TO BE SWING VOTERS WE NEED TO BEGIN TO WING THE

    PENDULANT AND THAT IS POSSIBLE ONLY IF WE VOTED FOR THE OPPOSITION. How can there

    be swing if there is no movement ?

    Comment by yapchongyee — December 29, 2008 @ 4:10 am

  7. YAP CHONG YEE, 5a Prinsep Road, Attadale, 6156, Perth, http://yapchongyee.blogspot.com Tel. PERTH,(08)93302547
    Email : yapchongyee@Gmail.com
    To, YAB. Dato Nizar Jumaluddin, Mentri Besar, Perak,
    Dear YAB Dato Nizar,
    I read in the Malaysiakini website an article that stated that of the 3 Appeal Court Judges, ONE OF THEM IS JUDGE ZAINUN ALI and this is the same judge who in my wife’s case :
    Re: Originating Petition No. D2-26-41 of 2001
    Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd.

    Judge Zainun Ali had committed several criminal offences during the whole of the adjudication proceedings. Judge Zainun Ali approved respondents’ application for security for costs, and awarded respondents the sum of Rm.60,000 which my wife promptly paid into the hands of respondents’ solicitor pursuant to Judge Zainun Ali’s order for security for costs. Upon receipt of my wife’s security for costs Respondent Stephen Lim Cheng Ban went on and further applied for a 2nd order for striking out of said Petition and Judge Zainun Ali in spite of the fact that no order to set aside the 1st order for security for costs was ever made nor ever approved, went on to approve the 2nd order for striking out of said Petition. Now the situation of my wife’s Petition is that it has been struck out and the respondents get to retain my wife’s Rm.60,000 plus Rm.20,000 of interest accrued over these long years.

    It is my contention that the action of judge Zainun Ali constitutes the following criminal offences : (1)Malfeasance for which she should be REMOVED FROM HER APPOINTMENT AS A JUDGE (2)Aided and Abetted Perjury & forgery (3) conspiracy to pervert the course of justice and several other criminal offences, I have written many, many fax and letters to all in the legal profession, Judges and Public prosecutors and legal practitioners in KL., but I have not received any response not even so much as an acknoeledgment.

    It is my mission to inform the Pakatan Rakyat that Judge Zainun Ali is not SUITABLE PERSON TO SIT ON THE BENCH OF THE COURT OF APPEAL TO HEAR THE APPEAL IN THE CASE OF NIZAR V. ZAMBRY. Judge Zainun Ali either does not know her law or choose to abuse her judicial power and in either case, she is either partisan or ignorant of the law AND THEREFORE IS NOT A SUITABLE JUDGE TO HEAR SUCH AN IMPORATNT CASE. I AM WILLING TO COME TO KL TO ASSIST THE PAKATAN RAKYAT IF PAKATAN PAKYAT IS INCLINED TO APPLY FOR JUDGE ZAINUN ALI TO RECUSE HERSELF AND I WILL PROVE THAT SHE COMMITTED THE MANY CRIMES THAT I CHARGE HER WITH AND HAVING ACTED CRIMINALLY. In the context of my charges that I have made against her, JUDGE ZAINUN BINTI MOHD. ALI IS A CRIMINAL.
    SIGNED YAPCHONGYEE, Email:yapchongyee@Gmail.com/ Tel. Perth, (08)93302547
    COPY TO :
    fax,name,
    +60388880377,seniorfederalcounselDatukKamaluddinMdSaid, +60388803724,JusticeDatukAbdulAzizAbdRahim, +60388803724,Chief JusticeTanSriZakiAzmi,+60388803724,AppealsCourtPresidentTanSriAlauddinMohdSheriff,+60388803724,ChiefJudgeofMalayaDatukArifinZakaria,+60388803724,FederalCourtJudgeDatukZulkefliAhmadMakinudin,+60388803724,TunAbdulHamidMohamad,
    +60388803724,TanSriSteveShimLipKiong,+80388803724,TanSriLCVohrah,+60388803724,DatukSeriAinumMohdSaaid,+80388803724,JudgeAugustinePaul,+60388803724,DatoMohdRausShariff,+60388803724,DatoJamesFoong,+60320951322,RagunathKesavanPresidentMalaysianBarCouncil,+60320943211,SecretaryMalaysianBarCouncil,+60320780906,M/sLim&Hoh, +60320701617,Teh&Associates,
    +60321446505,MathewsThomas,+60388803724,DatoZainonbintiMohdAli,+60388803724,MohamadAriffMdYusof, +60388884522,JusticeZulkefliAhmadMakinudin,+60388889362,DPPTunAbdMajid,+60388884522,FederalCourtJusticeNikHashimNikAbRahman,+60388884522,DatukAziahAliNazriHighCourtjudge,+60326943950,JusticeRozinaAyobSessionsCourtjudge,+6082313400,TanSriRichardMalanjumandSabahandSarawakChiefJudge,+6052417070,MrSpeakerSiva,+60388889377,PegawaiKhasKpdPeguamNegara,
    +60388889377,PegawaiKhasKpdPeguamCaraNegara,+60388889377,TimbalanKetuaBahagianIPolisi,+60388889377,TimbalanKetuaBahagianIIOperasi,+60388889377,KetuaUnitPenyelidikan,+6088233690,DeputyPublicProsecutorSabah,+6072232995,DeputyPublicProsecutorJohore,+60355101775,DeputyPublicProsecutorSelangor,+6082243446,DeputyPublicProsecutorSarawak,+6042285644,KetuaUnitPendakwaanPejabat,+6097447160,DeputyPublicProsecutorKelantan,+60388889562,KetuaPengarahAhmadSaidHamdanDatoHj,
    +60388889560,TimbalanKetuaPengarahIAbuKassimMohamed,+60388889558,TimbalanKetuaPengarahIIZakariaHjJaffarDatoHj,
    +60388889489,PengarahMohdShukriAbdullHj,+60388889536,MohamadHidayatAliOmar,+60388889527,PengarahShamsunBaharinMohdJamil,+60388889552,PengarahNordinHasssan,+60388889508,PengarahShaharuddinKhalid,+60388889545,PengarahChuahChangMan,+60388889568,PengarahSutinahSutanHjh,+60388889545,PengarahChuahChangMan,+60388889568,PengarahSutinahSutanHjh, +60388893064,PengarahAhmadSabriMohamed, +60362016197,PengarahRRathakirushnan,

    Comment by yapchongyee — May 21, 2009 @ 5:56 pm

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Fong Po Kuan (冯宝君)
MP for Batu Gajah