website statistics
feed
Home arrow News arrow Legal/General News arrow She wants judge jailed but gets into deep trouble
Advertisement
She wants judge jailed but gets into deep trouble PDF Print E-mail
Thursday, 22 May 2008 08:07am

Lee Hoy Moy©New Straits Times (Used by permission)
by Rita Jong

SHAH ALAM: A 40-year-old housewife who applied to commit a High Court judge to jail for "maliciously dismissing her civil case" found herself in hot water when she in turn was sent to jail.

Lee Heng Moy created a scene at the High Court here yesterday when she was handcuffed at 4pm and escorted out of the courtroom after judge Datuk Syed Ahmad Helmy Syed Ahmad sentenced her to three months' jail for contempt of court.

Adamant that she had done nothing wrong, Lee said she was the victim whom no one took pity on.

Her predicament began when her businessman husband passed away six years ago leaving her to take care of her four children.

She applied to claim his properties and filed a probate at the civil High Court here.

The presiding judge, Datuk Alizatul Khair Osman Kahiruddin, dismissed her application on Jan 27, 2006.

Instead of filing an appeal, Lee filed committal proceedings against Alizatul, claiming contempt of court.

Lee claimed Alizatul was malicious and did not abide by the Judges' Code of Ethics in dismissing her civil case and sought that the latter be jailed.

The committal proceedings were heard before Syed Ahmad.

Yesterday, Syed Ahmad said Lee's application had no basis and dismissed it with costs.

He said: "In my opinion, your application before me is contempt of court.

"The respondent (Alizatul) was just carrying out her duties as a judge.

"Instead, you attacked her integrity, honesty and credibility, alleging that she could not carry out her duties fairly.

"You have abused the court mechanism and thrown allegations which belittle the court," he said.

Syed Ahmad said Lee should have filed an appeal against Alizatul's decision. Instead, he said Lee was a disgruntled woman who would sue or complain about anyone who was not in her favour, by writing to the prime minister or the king.

"I won't be surprised if you take action against me next," he said.

"I must put a stop to all this. You are a vexatious litigant and I am making a declaration that you can no longer file any application without the permission of a High Court judge."

Syed Ahmad told Lee that her action was an offence and she could be imprisoned or fined.

"Do you have anything you would like to mitigate?" he asked Lee.

Lee, who was not represented, stood at the Bar and refused to accept Syed Ahmad's decision. "What have I done that is in contempt?" she asked.

Judge: This! Your action is a contempt of court.

Lee: Yang Arif, you said I have committed contempt of court. My husband died more than six years ago and until today, I haven't received a single sen. Who's going to feed my children? I am not the kind who simply likes to complain about someone. I had to.

Judge: Anything else?

Lee: The respondent didn't even hear my case when she dismissed it.

Judge: She heard your application and rejected it. Do you have anything else to say? You sued your lawyer before, now you want to sue a judge?

Lee: I paid my lawyer and he didn't do anything for me.

Senior federal counsel Datuk Kamaludin Md Said, who was representing Alizatul, said Lee was not apologetic or remorseful. He said a fine would not be sufficient to teach Lee a lesson.

Syed Ahmad sentenced Lee to three months' jail from today.

He, however, granted her a stay of application pending appeal and imposed a RM30,000 bail in one surety.

Comments (8)Add Comment
What gone wrong with our judiciary today?
written by Dara Waheda Mohd Rufin, Thursday, May 22 2008 02:47 pm

Oh come on, please put yourself in her shoes. I really don't understand what harm will this desperate woman cause that make the court imposed RM30,000.00 bail on her...

Sometimes I'm just sick to hear this kinda thing, just doesn't make sense to me..

Dara Waheda Binti Mohd Rufin

THATS WHY LAWYERS ARE VERY RELEVANT
written by Nik Elin Zurina Bt Nik Abdul Rashid, Thursday, May 22 2008 05:49 pm

Dear Dara,

Had she appointed a lawyer to represent her, I don't think she would have ended up in jail. I doubt if she had been properly advised of her legal rights.

The Courts too should have been responsible enough to advise her to appoint a lawyer rather than take her to task for her lack of legal knowledge.

I sympathise her and perhaps can emphatise with her frustrations.

But let's hear the full facts of this case, rather than depend on what has been reported in the newspapers.

Nik Elin Zurina Bt Nik Abdul Rashid

Always in Shah Alam Courts
written by Ng Chung Yee, Thursday, May 22 2008 06:13 pm

This is one familiar looking chap in the Shah Alam courts. I had almost mistaken her as a tout once because of her constant presence until a friend told me otherwise. I have my reservations about her actions.

Ng Chung Yee

The principles of Equity in Law
written by Tan Peek Guat, Friday, May 23 2008 08:58 am

It is sad indeed. Her husband had died 6 years ago. Her problems had probably endured for the past 6 years.

No wonder she is a common sight in the Shah Alam courts - to Mr. Ng Chung Yee.

I really wonder how she had brought up her four children during the last 6 years! Have they been unnecessarily deprived? I hope they will grow up to be national assets one day.

She had hoped for justice from the strict laws of man but had not approached matters in the right manner.

Tan Peek Guat

Are only lawyers relevant here?
written by Dara Waheda Mohd Rufin, Friday, May 23 2008 10:08 am

Dear Elin,

I agree with you on the part that we should hear the full facts and if she was properly advised of her rights she would not have ended up in jail.

You did once encountered the same situation when you represented me in a disciplinary proceeding against another member of the Bar. Lawyer suing another lawyer. But what did I get Elin? "Oh sorry your complaint was badly drafted." and hundreds of reasons given to defeat the complaint. although we were given second chance, I was make to believe again that i have no case against the lawyer and was advised to withdraw my complaint and so I did. (i know you didnt represent me at the 2nd hearing as you have urgent matter to attend).

Finally, I managed to get a copy of the alleged documents and found out that the lawyer and/or his lawyer has forged my signature.

I was so disappointed that none of the panelist in IT actually believes me. I end up not filing any nor lodge complaint as i got fed up of being given excuses like your papers are badly drafted therefore you have no case.

So, I think I understand this poor woman's feeling. She was tired, all she wanted was her late husband's properties so that she can feed their children. The judge should have advise her properly of the procedure before jumping to his conclusion that she might sue him next.

Jail and imposing bail for RM30K is ridiculous. Sudahlah takda duit kasi anak makan, now she need to fork out RM30K as bail untuk pastikan anak-anak di rumah tidak mati kelaparan. My question is what harm can this poor lady cause that made the judge to come out with such decision?

Dara Waheda Binti Mohd Rufin

This is wrong!!!!!!
written by Manjeet Singh Dhillon, Friday, May 23 2008 10:26 am

This is all wrong. Very, very wrong!

There are various forms of contempt and some entitle the judge acting immediately and some require a proper 'prosecution' of the alleged contempt. The contempt complained about here is not contempt in the face of the court which requires immediate arbitrary action by the court. This was an action filed in the registry concerning judge A which came up for hearing several months later before judge B. Which rule book entitled judge B to act in the manner. If judge B thinks that the litigant is scandalising the judiciary or a judge or interfering with the due administration of justice then there are ways and means to deal with the matter.

No judge should act with this haste and in this manner in contempt against an unrepresented lay litigant. The law in this area is complex and involved. Issues of the scrullious abuse of a judge or attacks upon the integrity or impartiality of a judge or a court cannot readily be handled by a lay litigant. In general, courts should ignore attacks upon them and must never use this process to stifle legitimate critiscm.

I do not know this lady or her penchant for litigation. If she is a vexatious litigant then that is a separate and distinct matter. But contempt and imprisonment is a different ballgame altogether. And I stress this, contempts of this nature SHOULD NEVER be dealt with summarily!

anjeet Singh Dhillon

Curious why my comments were not published.
written by Tan Peek Guat, Friday, May 23 2008 01:10 pm

I agree with Manjeet Singh Dhillion.

Tan Peek Guat

Who Is Her Lawyer?
written by Nicholas Netto, Monday, May 26 2008 03:06 pm

"Lee: I paid my lawyer and he didn't do anything for me."

Who is this lawyer?

Nicholas Netto




Write comment
You must be logged in to a comment. Please register if you do not have an account yet.

busy
 
< Prev   Next >
Username Password
Remember Me | Register | Lost Password?

Bar: Look after minority rights