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e that said rm 60 000 was to be paid into the hands of mr david hoh and one other solicitor of the respondents to be held for the purpose of disbursement towards costs of the trial under an order for security for costs approved by judge zainon binti mohd ali the said respondents their solicitors and the leadership of judge dato zainon had intended only to illegally retain said rm 60 000 alledge under judge zainon to be for security for costs when it was their intention to retain said rm60 000 illegally and for their own use 5 i charge my wife s solicitors m s lim hoh for committing criminal breach of trust 6 i charge judge zainon binti mohd ali for commiting the common law offence of malfeasance in office finally it remains for me to set out the facts that i rely to charge judge zainon for criminal conduct in the performance of her duties at the first hearing of said petition judge asked mr david to ask my wife if she will withdraw her application to cross examine the affidavits of mr wong kem chen mr stephen lim and mr kwong see yoon for perjury mr david hoh conveyed judge zainon s request to my wife but advised my wife correctly in this instance not to withdraw her application for leave to cross examine said respondents for perjury my wife therefore refused judge zainon s request to withdraw i believed that judge zainon in this instance had acted totally inappropriately by her request i spoke to dato mokhtar sidin who was my classmate in university of singapore not to influence him in anyway but merely to have somebody in the judiciary know of the inappropriate conduct of judge zainon when her conduct decomes relevant in any prosecution of my charge against her for abuse of office dato mokhtar sidin advised me not to withdraw we therefore refused judge zainon s request to withdraw however i had following the inappropriate behaviour of judge zainon written to the then chief justice tun fairoz of the inappropriate conduct of judge zainon and the events that developed deserve detail mention because from this event we can see the pro active participation of both judge zainon and mr david hoh in the conspiracy to pervert the course of justice following the events that developed above i went to kl but i did not want mr david hoh to know that i had come to kl that was the day that i had written to tun fairoz complaining of the inappropriate conduct of judge zainon i had personally hand delivered my letter of complaint to the office of tun fairoz on the morning of my arrival in kl i delivered the letter to tun fairoz s office at 10 am on the day of my arrival at 5pm of the same day i received a phone call from mr david hoh at my sister s house where i stayed whenever i was in kl and that was my contact address for mr david hoh to reach me he asked me to call at his office the next morning and i did at this meeting mr david hoh called judge zainon in my presence but i was invited to chit chat with mr frank hoh while david spoke to judge zainon i did not hear the conversation because i was chit chatting with frank hoh in another room in the office and after a lapse of 1 hour mr david hoh came into mr frank hoh s room and asked me to sign a letter which was i believe drafted by the joint effort of judge zainon binti mohd ali and mr david hoh i was told that the letter was an apology to judge zainon for mis interpreting the request of judge zainon in asking my wife to withdraw her application i told david hoh that i will not read the contents of the letter but i will sign it anyway but that when the letter becomes evidence i will relate the whole event without any reservations this incident sums up the whole sordid development the full participation of an adjudicating judge solicitors of petitioner acting in concert and in conspiracy with lawyers representing all respondents and the judge acted criminally to rob my wife of her legal rights and money to the sum of rm 60 000 in the list of annexed documents is the letter that mr david hoh complains to my wife that every time that i write and make public my expose of the criminal behaviour of judge zainon he mr david hoh had to attend judge zainon s chambers for a dressing down after 3 years of repeated postponements i received a phone call from mr david hoh who asked my consent to withdraw my wife application for leave to cross examine he argued that since my wife had applied for leave to cross examine for perjury to counter the application for security for costs and now that judge zainon had approved respondents application without giving any consideration for our defense that respondents had lied in their supporting affidavits and hence void their application for security for costs that was our intention and respondents had applied for security for costs of rm 650 000 or thereabouts mr david hoh told me that those postponements were because judge zainon had wanted us to withdraw our application to cross examine and since secirity for costs had already been granted our application has become superseded and irrelevant his exact words to convey his argument was lets clear the deck so as to get the trial going i consented to his persuasion and agreed for him to withdraw our application to cross examine on this issue again we see the illiteracy of judge zainon she had pressured mr david hoh to get our consent to withdraw the application as indication that petition had no cause of action because her judgment to support her strike out were only two words petitioner had approbated reprobated but as i said the reason for the withdrawal was initiated by judge zainon and she had pressured mr david hoh to get our consent to withdraw you are likely to say to me that this is my speculation but i will say that all the evidence demonstrates this to be however as i have maintained at all times judge zainon is very weak in the law her approbate and her reprobate judgment will only serve to hang her all the earlier circumstances that i had recounted indicated in so many ways that judge zainon binti mohd ali had from the very beginning of the hearing of the case had only intended to strike out said petition she had pressured mr david hoh to obtain my apology for writing to the chief justice the truth is mr david had conveyed judge zainon s request to withdraw and therefore facts underlining the whole relationship between judge zainon and myself was one that challenged the authority of judge zainon and made her loose face and she wanted to punish me in every way possible little did she know that all her actions and the fact that she lashed onto our withdrawal as a fig leaf cover and for legal justification for striking out shows her ignorance her malfeasance arise from her approving both 1 order for security for costs and 2 followed by her approval for striking out it is sheer legal nonsense for the 2 orders to exist together because the existence of one opposes the existence of the other judge zainon binti mohd ali had no idea that these two orders cannot exist together therefore judge zainon s abuse of power lies in her approving the 2 orders which had the force of negating both the orders because they cancelled out each other bloody law illiterate nonsense zainon had pressured poor casterated mr david to persuade me to consent to the withdrawal of my wife s application i had consented to mr david s argument however my consent only goes to prove that mr david hoh was running with the hare and hunting with the hound mr david hoh is the solicitor and counsel and he has a professional duty to protect his client and withdrawing his client s application in normal circumstances would expose his client s case but lucky for petitioner the criminal behaviour of judge zainon really strengthened petitioner s case because the facts indicate that there was a criminal conspiracy to pervert the course of justice and more as set out above i can see the reason why m s lim hoh has made themselves incommunicado the facts prove the whole bunch of them acting and behaving as a gang of thugs and thieves judge zainon included and indeed she was the facilitator and without the participation of judge zainon all these crimes cannot have taken place there are three issues that the bar council has to settle in this complaint 1 is m s lim hoh still acting for my wife 2 if they are still acting for my wife then will m s lim hoh withdraw their unauthorized filling of an appeal to remove that nonsense order to strike out the proper cause of action is to apply to set aside that illiterate order to strike out because that order is void for illegality 3 what has become of the security for costs posted by my wife pursuant to judge zainon order for security for costs it is now 8 years or 9 years since my wife posted that rm 60 000 does mr david hoh even know that if ever there was any reason for the respondents to claim that security for costs their claim if not already paid will now be time barred so the question is who has the money and where is the money this issue will ground my claim that judge zainon and her merry men have stolen this rm60 000 under false pretences in the events that had been running for a period of 10 years almost i can say without any reservations that the chief justice tun zaki azmi does not want to know of my complaints that charge judge zainon with criminal conduct neither will mr justice alluddin chief judge of malaya neither will the a g act to enforce the law which in any other jurisdiction in the former british commonwealth would mean the criminal prosecution of judge zainon binti mohd ali and her gangster thug co conspirators but not in malaysia posted by yap chong yee at 11 41 pm no comments monday october 12 2009 letter to malaysian chief justice charging judge zainon with criminal conduct file petition originating petition no d2 26 41 of 2001 yap chong yee 5a prinsep road attadale wa 6156 email yapchongyee gmail com tel 08 6161 3661 date 13th october 2009 to chief justice malaysia dear sir tan sri zaki azmi chief justice malaysia re originating petition no d2 26 41 of 2001 lim choi yin v mclaren saksama malaysia sdn bhd i wish to file a report to you that judge dato zainon binti mohd ali of the malaysian court of appeal has committed the following criminal offences arising from her action for simultaneously approving to the respondents in the above originating petition no d2 26 41 of 2001 1 she 1st approved respondents application for security for costs and after my wife petitioner had paid her rm 60 000 towards her order for security for costs 2 judge zainon binti mohd ali went on to further approve a 2nd order to respondent stephen lim for striking out my wife s petition even when no prior order for setting aside of the 1st order for security for costs had existed nor even applied at all this comedy of judge zainon s illiteracy of the law is astounding but more important to me is that her ignorance of the law has caused my wife the loss of rm 60 000 now with interests will be more than rm 80 000 i have set out my opinion why judge zainon s order for striking out of said petition is illegal unlawful and unenforceable the facts are simple she first ordered that my wife provide security for costs of rm 60 000 to be paid into the hands of respondents solicitors and upon payment of said rm 60 000 respondents applied for order that my wife s petition be struck out for showing no cause of action and judge zainon approved it even when when there was no order to set aside the 1st order for security for costs nor was there ever any attempt made to set aside the order for security for costs this nonsense of judge zainon having made 2 opposing orders is and to say the least this double opposing orders thrown at my wife is laughable it is my opinion that judge zainon had committed the offence of malfeasance and she in the process also committed several other criminal offences such as conspiracy to pervert the course of justice obtaining money under false pretences and many more which i will set out in this opinion i graduated in law from uni of singapore in 1967 and practised in kl until i my family migrated to australia in 1978 that judge zainon had approved 2 opposing interlocutory orders shows her utter ignorance of the law but more comical than that is the fact that her ignorance relates to the fact that she does not understand the function of an interlocutory application she had abused her judicial powers and believed that she has the power to do whatever she liked even if what she had done constitutes nonsense the purpose of an order for striking out is to save abuse of the process when it can be shown that plaintiff s application will be futile and a waste of money therefore the 1st application by respondents must be for an order for striking out and if plaintiff can show that she has even a glimer of a cause of action then if that glimer is so remote that judge thinks plaintiff is not likely to succeed then judge will impose security for costs security for costs can also be imposed if plaintiff resides abroad it must be borne in mind that the application for striking out always invariably preceeds the application for security for costs in the case as it is here respondents 1st applied for security for costs in the sum of rm 650 000 and judge zainon reduced that to the sum of rm 60 000 this reduction by the judge in the normal course would indicate the judge s exercise of her judicial discretion an indication in her belief that petitioner has a cause of action read the white book on this issue this is how a judge who acts professionally will do but judge zainon inverted the process so that my wife will pay her rm 60 000 and then judge zainon proceeded to punish my wife with a 2nd lash of her whip the actions of judge zainon is in revenge for my reporting her to the then chief justice tun fairoz i reported zainon to tun fairoz for improperly asking my wife to withdraw through my wife s counsel mr david hoh it is cclear that judge zainon wanted my wife to loose her rm 60 000 now rm 80 000 for my actions my submission why zainon s order for striking out is illegal unlawful and unenforceable i will set my arguements in point form a judge zainon made my wife pay her security for costs into the hands of respondents solicitor and my wife s solicitor in a joint bank account at 5 interests therefore this joint account becomes a joint trust account and the joint holders of this trust account hold this joint account on the basis of the order for security for costs b the order for security for costs in its very nature dictates that any payment out of this joint account must be in compliance to an order fo costs the dictum for costs is costs follows trial if there is no trial there cannot be any costs because an order for striking out for showing no cause of action means exactly that that there is no issue to go before the judge and therefore there cannot be a trial that being the case respondents cannot in...
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