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Missing/Lost/Destroyed Documents at the Courts PDF Print
Wednesday, 14 May 2008 12:03

Today, the MSM reports that, documents/exhibits have gone missing at The High Court Complex  - The Irene Fernandez Matter “ SEDITION again!

This is a letter I wrote to a highly placed Court Official, recently on this matter,which has been going on for a long,long time!

The High Court of Malaya of which His Lordship The Chief Justice of Malaysia , is Head of is the Trustee & Custodian of all matters filed into the High Court. This simply means that The High Court must look after & maintain all Court Files containing papers filed in by us “ The Rakyaat “ who come to Court to seek redress.

 The High Court of Malaya has lost my file, my documents {all of which I paid precious,hard earned monies for} and now you direct me to another body.

It is not the High Court of Malaya's bounden {legal,fiduiciary & moral} duty to itself contact all relevant parties & reconstruct the file, at its own cost?

Do you know what difficulties one faces with your courts , how many times back & forth one has to travel to retrieve one file OR do you{The High Court} really cares?

I have just completed "reconstructing" Three {3} Court Files that The High Court of Malaya lost {dihapuskan, dimakan olih inai inai,tidak bolih di kesan}. We have been attending at Jalan Duta, 15 times per matter{total 45 times}, because we are always asked to come on separate dates & times.We have spent a total of RM10,000/- on traveling,parking,photocopies, commissioner of oaths, binding, printing, dispatch, court fees “ on account of The High Court's sheer negligence & tidak apa attitude.

Puan XXX! Do you ever understand the sheer indignity of having to attend to your clerks, your Registrars, your Deputy Registrars, your Senior Assistant Regitrars,who are either never at their stations,busy, at meetings or who basically will not see us?

I see everyday, Lawyers, Clerks,Clients all undergoing this “ You yourself must check out the Palace of Justice “ I recently suffered the same fate again.

Your High Courts have not written their grounds for six{6}years & you want me to write in again.Is it not the bounden duty of The Chief Justice to call the matter and simply award judgement in favour of the Appeallant.

I do not dare complain as then perhaps the ruling will be against me. This has happened many times & not only to me but to others{I have the proof}.

If you want me to file in again, it is spending resources I can ill afford, thanks to the High Court of Malaya{time,money & effort}, I cannot afford.

I was "summoned" by your Registrar recently on a matter where the Applicant{is certified mad}, had put in an application ten years {10} after the High Court dismissed the matter.The Application is on the face of it against all the Rules.

I appeared before the Registrar, who was not available{thus the Assistant took over}, at 9.00 sharp at The so called Palace of Justice, made to wait until 10.45, only to be told that the Assistant cannot make a decision to come back another date!

I have had enough, Puan XXX, & I HAVE NOT TOUCHED ON OTHER SENSITIVE MATTERS! I HAVE ALL THESE YEARS RESPECTED ALL OF YOU ,THE COURT SYSTEM & THE LAW and all I asked was for an appointment to see The Chief Justice of Malaysia, to be able to present these matters without fanfare & I have been refused.

I will now leave it to you & your conscience and perhaps some degree of Humanity, which seems to be severely lacking in the Legal System to decide on my Fate, for you have the power,I don't! You can destroy files,I cannot & will not.You can shut the Doors of Justice,I cannot! You can destroy the lifes of my family & mine, I cannot & will not even I had the chance!

I only say every morning & every evening a silent thanks to The Divine for the life He gives me & my family!

As Nuraina A Samad commented recently QUO VADIS, ISTANA HAKIMAN MALAYSIA, QUO VADIS??

 

By jeyapalanmahesan

Comments (33)Add Comment
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written by freedom lover, May 14, 2008 12:09:34
Because man-made laws are too complicated, you need to justify with enormous amount of documents. Make the laws simple to understand, then you need to justify only with minimal documents.
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written by densemy, May 14, 2008 12:10:57
Losing documents is a common strategy amongst Malaysian Public Servants. Grease their palms n I'm sure they would miraculously find your files
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written by alan cheong, May 14, 2008 12:31:46
Get rid of the deadwood and driftwood.

For these travesties of justice who cause travesties of justice.

WE definitely have incalculable tons of experience and proof to initiate a class action against the court system its personnel.
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written by penangboi, May 14, 2008 12:39:00
In my line of work, I have to deal with a lot of government agencies, especially Local Councils, DID, JKR, Land Office etc. It is not news when it comes to 'fail hilang/tak jumpa'.

I share your frustrations. It also takes me hugh effort to compile all the necessary documents which have to be lodged with these incompetent agencies. To resubmit again and again because of civil servants' tidak apa attitude towards their work is just maddening. There is basically zero accountability.

It is also not news that the brandishing of 50 ringgit in front of a filing clerk can do miracles and short of bringing the dead back to life. Missing files suddenly become 'jumpa balik' or the promise of a quick processing if you resubmit the replacement files directly to the receipient of the 'agung license' (pic of agung on the note).

Like most, if not all, of BN's talk, they are just not 'walked'.
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written by Ben, May 14, 2008 12:51:13
Zaid, this is a god opportunity for you do something positive for a Malaysian Rakyat. No reporters will be intereste in this and there will be no publicity mileage..but it is good for your soul. Show Malaysians you can rebuild what Nazri destroyed. We are counting on you.
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written by islandjoe, May 14, 2008 12:51:35
Justice is a one-way system. There is no accountability from their side on selective misplacements. Does anyone get reprimanded? No. It's one big BN club.
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written by bodohland_citizen, May 14, 2008 13:01:05
PR, pls take over this country A.S.A.P
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written by Mr Smith, May 14, 2008 13:01:40
I believe every word in this letter. Some of these court officials behave like judges - a very arrogant lot and lazy to boot. They look upon all those who want to seek an audience with disdain.
A lawyer once told me that there are shady characters in the courts who can 'make your file disappear' if you think you are too clever.
But the irony is, all lawyers are fully aware of what is happening in the courts and they accept and embrace it as a way of life.
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written by smeagrooo, May 14, 2008 13:20:38
If Pr takes over the govt, i belif half the govt servants will be outta job based on performance and accountability!
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written by Cheryl, May 14, 2008 13:28:16
50 years have contributed to a rotten government that promotes total inefficiency and shear negligence of all sorts. Even in terms of matters concerning life and death - BN just couldn't be bothered, as they are shielded.

Our prayers to GOD that PR will take over and revamp the whole damn thing soon.

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written by mikefonz, May 14, 2008 13:42:43
We have a case which was in January and we won the case but were unable to get the original judgement till today. It's so bloody frustrating to see how our courts work. We cannot act or collect from the defendent without it. Each time we go and they tell us that they can't locate the file. we have wasted so many trips, time and money. Why do our goverment department have no urgency? Can anyone help ?
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written by ttsan, May 14, 2008 13:51:36
This stupid keeper of documents are so corrupt
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written by cheemengwong, May 14, 2008 13:55:13
Minister Zaid,

Can we start to learn from the best and try to do better?

I heard the nation sent a Proton to the North Pole and cannot start? Is this true? Maybe we should plan with forsight like learning from the North Pole people first since we are from the equator?

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written by Lim Lim, May 14, 2008 14:01:11
Bolehland memang boleh!!macam macam boleh but for the wrong reason.
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written by fairnessforall, May 14, 2008 14:17:40
I dont see how files can get missing if a proper filing system is maintained. I know this as during my 20 years service im a bank I have set up a very good filing system which the staff before me could not do and there was like 4000 files which could not be accounted for and no one knows which file is which. All they need is a little brains and initiative and commitment. Problem is unlike some of us who perform excellently because when we do something successfully, its gives us a personal satisfaction knowing we have done it well, unfortunately all these government servants do not give a damm and only interested in collecting their salary.

The court clerk or the person in charge should be made accountable as he should keep track of what files have been taken and by whom and ensure they are returned. Its not difficult to set up a programme for file tracking system only if they are bothered enough to record. Firm action should be taken against the person in charge of the files, in the event of any files missing. This are serious matters and not to be taken lightly. If the person cannot find the file, he/she should be suspended without pay. Probably then, they will take their work seriously. There is no reason for files to be missing.
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written by Mustapha Kamal, May 14, 2008 14:21:14
How convenient for these documents to go missing ! But you know what ? It won't make a damn bit of difference. Fernandez will still be guilty. According to our fair and impartial judiciary.
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written by wood, May 14, 2008 14:30:14
Forget about spending more of the rakyat's money to send another angkasawan to space. Perhaps we should use these money to have some "high tech system" to improve the filing system. Sorry forgot to say having a "high tech system' may not be enough as we may also need "high tech personnel" to handle it.

Do we really need all this "high tech" stuff to maintain all these files and keep them from being misplaced or eaten by anai anai ?
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written by cruzeiro, May 14, 2008 14:33:30
Jeya,
We all know how "Malaysia Boleh" works - but that doesn't mean you must chicken out from complaining about inefficiency!
That is the disease that had infected Malaysians in general (until recently at least), and it was what has destroyed the system - Mortal Fear & Apathy.
You wanna make a change - start with yourself. It helps.

While I understand the need for attention on these matters and yourself, I also empathize with your problem and understand the need for improvement in services.
I believe however, that you should improve your English (being a Lawyer & all).

I'm really touched to note that you spend monies out of your own pocket with such passion for these matters that concern your clients ......
;-D

p.s.
Kindly avoid "screaming" (in uppercase) - very unbecoming of a lawyer to scream like that.
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written by densemy, May 14, 2008 14:38:04
It will be relatively easy, and just a matter of time to change the government

How long will it take to change the mindset of Malaysians??

Generations I suspect
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written by ttsan, May 14, 2008 15:20:21
umno is finish.That's better
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written by greenarrow, May 14, 2008 15:26:46
UMNO tak mungkin bergembira terus....senyuman hanya palsu sahaja

Rakyat yg ditindas & di tipu selama ini oleh Regim UMNO...mula bangkit membangkang & memberontak secara saikologi....merebut beli Kredit Fon di '7-ELEVEN'...masing masing sibuk mengirim SMS
Keuntungan perniagaan '7 ELEVEN"...melawan hujahbohong PakLah ! ! !

Kerisauan & Ketidakpuasan dlm kekalahan dlm Pilihanraya Umum ke12...dan Ketidakpastian masa depan....UMNO yg beremosi terhimpit mula mengarah Kuasa kuasa POLIS membelasah Rakyat


Apa kuasa yg di pilih oleh UMNO & BARISAN NASIONAL sebenarnya?
Kuasa Tindas & Kuasa Ketidakadilan yg ada pada Penguaman & Pasukan Bersenjata Keselamatan....

UMNO terpaksa sedar ' yg lebik Kuat & hebat..telah diaturkan secara terinci '....

Hanya Hati & Jiwa yg Bersih tak akan takut sebarang ancaman
Jika hati tu dah lama berbau

UMNO s HOPE continue to rule...

-PANAH HIJAU ( GreenArrow )
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written by mgeo, May 14, 2008 15:45:45
How about a document management system costing a few RM 100 millions? Usually, the solution to every problem here is to buy something. Eg. CCTVs for public safety.
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written by ultraman, May 14, 2008 16:15:41
Very efficient courts we have in Malaysia. Best in Malaysia and some say better than Zimbagwe.they thnk people have the time to reconstruct the case.
Hey, buang case in favour of Irene Fernandez.
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written by malaysian, May 14, 2008 16:31:56
Every laywer in Malaysia will tell you that for a small fee, you could get the corrupt UMNOputra law clerks to make incriminating court files 'disappear'!

They often do that for free, just to lessen their workload. Don't have high hopes for 'small claims Courts'. This is where files disappear most because there is no lawyer to 'chase files' for claimants!

Clearly, the justice system in Malaysia was much better during the British colonial period!
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written by Debbie, May 14, 2008 16:59:08
Jeya, you should have taken the easy way out....just grease those idiots' palms.
Dont forget ur in bolehland.
So so so so very very smilies/angry.gif smilies/angry.gif smilies/angry.gif
Shalom to you Jeya
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written by Prakasha, May 14, 2008 17:24:39
If English literacy is low in Malaysia, then the majority of the Rakyat cannot be reading 90% of the Internet or any other Media for that matter! Rules of the game :- Its easier to rule over an ignorant populace than over educated, well read citizens!
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written by 1351, May 14, 2008 17:24:47
Palace of Justice, my FOOT !

Reading thru' this letter, we can all sense the helplessness of the litigant. Over the years, M'sians dealing with the court system have had to put up with indifference, 'fail hilang' and worst, documents lost thru' arson(there was one big drug related trial whereby all documents, evidence was 'burn') - case dismissed).

Justice in M'sia is definitely not a 7 lettered word - not when judgement can be procurred, sold to those who have a direct line to presiding judge and better yet, write and deliver your own judgement as illustrated in Lingamgate when Mokhtar Sidin delivered his findings based on what Lingam's office had prescribed. Justice - my FOOT.

We are a sick country. Sick because the highest court of law is not the Federal ex Supreme Court BUT the UMNO Disciplinary Committee, once chaired by that Zaki monkey, who is soon going to be elavated to the highest office of Chief Justice.

We are all in for one rough ride when this monkey of dubious credentials, ill repute is made CJ to operate on behalf of UMNO. The day UMNO interest manage to finangle such an appointment, JUSTICE in M'sia would have breached the bottom of the barrel.

Think about it - it is common knowledge PDRM is no more than a band of UMNO thugs and the majority on the bench no other than an UMNO fraternity wallowing in imcompetence, self deals and corrupt interpretation of the law.

May the stars above look kindly upon us helpless subjects.
Casper
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written by Prakasha, May 14, 2008 17:27:52
UMNO's Malaysian Education Strategem :- "Mushroom" Population!!!

Put them in the dark and Feed them with Shit!!!!! smilies/grin.gif smilies/grin.gif smilies/grin.gif smilies/grin.gif

Bob Marley :- You can fool some people sometime but you can't fool all the people all the time... So now you see the light, now stand up for your right!!! smilies/angry.gif smilies/angry.gif smilies/angry.gif
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written by lynn, May 14, 2008 19:44:24
1351, sad to say, this country is just not merely sick, it is seriously and terminally ill. Some days, I thought we should sit down and write a list of what needs to be corrected or put right in bolehland, small or big, they will make a very comprehensive list. On the other hand, no point, it ain't going to be acted upon.

The gov't cannot deliver on integrity, efficiency, good governance, accountability & transparency, but it can send a "tourist" to "space" to make breakfast like roti canai or teh tarik. So what is so fu*k-up with this government? Sending a tourist up there don't need brains, but the former does. That where merit comes in.

It has got all its priorities wrong for more than fifty years. And it continues to flay such nonsense to the malaysian public. We pay ministers to ponder when & whether to send the next tourist into space. For what? For face? For that cheap feeling of "malaysia boleh"....

We previously wrote feverishly to the msm protesting the building of an expensive sports complex in the UK. Luckily it didn't take off. There are so many instances that confirmed to the rakyat how bold, arrogant, extravagrant, reckless this government servants are with the rakyat's money.

****ing morons we have in the cabinet. Get rid of each & every one of them.
We need a change of government badly. Even if we cannot find the best to replace this bunch, nothing worse can come close to this bunch of useless people who are called 'lawmakers' - hey, how pathetic can we get? VERY. Yeh, get rid of them on or before Sept 16! And then I am going to celebrate!
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written by LACOBRA, May 14, 2008 19:58:55
The High Court should be held in CONTEMPT for obstructing justice!
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written by oct, May 14, 2008 23:20:09
This is not happening in the court. It happens in the land office. This is a true experience which I had. Some years back when my bank loan was fully paid, I asked for my land title. The Bank kept giving excuses until I asked them what was the actual situation. They told me that their lawyer couldn't locate my land title at the land office. So I went to see the lawyer about this. You wouldn't believe what they told me to do. They asked me to lodge a police report so that they can act on it and get me a replacement land title. I told them why don't you sue the land office for the missing land title. The lawyer told me they can't because if they do, they will be barred from the land office. It meant that they were not allowed to do any business with the land office. So they have no choice but to get around it. I told them I won't make any police report because it was not me who loss the land title and I didn't know the whole story. Somehow they made a police report on my behalf. To make a long story short, I did manage to get a replacement land title in the end after one year of frustration. So you see if you deal with the Govt and they lose your important document like car reg card, land title, court files you have no recourse. No one can take action against them esp if you are doing business with them. You will be blacklisted. I believe there are others who have experienced such problems although no one highlighted.
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written by jeya, May 16, 2008 20:07:46
smilies/cool.gif!
Wow, Guys! I was so fed up{langsung} that in sheer desperation I posted the piece.
I am so so so pissed off in trying to maintain "Masyarakat Madhani"!
I am 54 years of age, & I 'll be dammed if I am jerked around!
Hey, Good People!
Check out my blog: jeyapalantsmahesan.********.com.
Labisman & RPK swears at me as I still cannot grasp the ICT of blogging!
Even the Blog Alliance is spare with me!!! Ooops smilies/shocked.gif smilies/shocked.gif! Sorry Rocky,Zorro,Desi,OneVoice! Aku ini generasi typewritter!
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written by Francis, May 17, 2008 01:05:55
Terminate the services of people who cannot find the files and charge them under OSA (especially government files). Out of the graves the files will emerge. You never know these files would have been sold for a hefty sum. It is easy for the junior staff to say 'bring this document or bring that document' Once these documents are given to them; they are not able to retrieve when required. I am not at all surprised that papers can go missing in the Ministry fo Finance - Putrajaya as my papers have lost.
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