Imbas Kembali 2012
KUALA LUMPUR 15 Ogos – Mahkamah Tinggi di sini hari ini membatalkan saman seorang pesara tentera terhadap bekas Perdana Menteri Singapura, Lee Kuan Yew dan enam yang lain atas dakwaan salah laku penjawat awam sehingga menjatuhkan maruah kor pegawai Angkatan Tentera Malaysia (ATM).
Pesuruhjaya Kehakiman, Vazeer Alam Mydin Meera membuat keputusan membatalkan tuntutan Kapten (B) Tengku Zainal Abidin Tengku Yusoff, 58, dengan kos RM40,000.
Tengku Zainal Abidin yang mendakwa mewakili 403 pegawai dalam perkhidmatan dan yang telah bersara daripada ATM memfailkan saman tersebut pada 20 Januari lalu.
Dalam penghakimannya, Vazeer Alam berkata, saman tersebut menyalahi proses mahkamah kerana penguatkuasaan tangga gaji pegawai ATM yang dipersetujui Kabinet ketika itu berlaku pada 1972 dan tidak melibatkan Republik Singapura kerana negara itu telah keluar daripada gabungan Malaysia pada 1965.
Menurut beliau, saman yang membangkitkan isu yang sama juga pernah difailkan oleh plaintif pada 2001 dan ia juga dibatalkan oleh Mahkamah Tinggi.
Plaintif juga menurut beliau, tidak pernah memperincikan 403 pegawai tentera yang masih dalam perkhidmatan dan telah bersara yang dikatakan diwakilinya itu.
Dalam saman tersebut, plaintif menamakan Kuan Yew defendan pertama manakala Kerajaan Singapura defendan ketujuh.
Kesemua bekas Perdana Menteri Malaysia iaitu Almarhum Tunku Abdul Rahman Putra Al Haj, Allahyarham Tun Abdul Razak Datuk Hussein, Allahyarham Tun Hussein Onn, Tun Dr. Mahathir Mohamad dan Tun Abdullah Ahmad Badawi serta Datuk Seri Najib Tun Razak dinamakan sebagai defendan kedua.
Turut dinamakan ialah Ketua Setiausaha Negara, Menteri Pertahanan, Ketua Setiausaha Kementerian Pertahanan dan Kerajaan Malaysia sebagai defendan ketiga hingga keenam.
Final Lawsuit Filed
Yesterday I filed my final lawsuit against the Prime Minister,the Armed Forces Council and Chief of Defence Staff.The principal aim of this lawsuit is to redeem the pride,honour and dignity of the Malaysian Armed Forces trampled since 17th September 1963.The subsidiary aim is to redeem the maruah of 404 officers who have been used inhumanely as tools of deception and fraud by five prime ministers from Tun Razak down to DS Najib for 43 years since 1st August 1972.This is really a crime against humanity for treating us not as human being with dignity but mere pebbles to be kicked around,stepped on and to be seen not to be heard.
The real aim of this grand fraud in 1963 was to degrade,subjugate and neuter the nascent MAF to become a truly an impotent and insignificant institution.They succeeded in 1972 by using me and 403 other cadets as the red herring to distract the Cabinet and Parliament from their real target to destroy the superior status of the MAF.This is the essence if this final lawsuit.
They will use the statute of limitation to bar me from the main trial.My point is very simple – what comes from the Cabinet must go back to the Cabinet.So there is no time bar for a continuous refusal to retable this matter at the Cabinet meeting since my first request to Tun Hussein on 23rd April 1980 when I was a Captain and subsequent request to Tun Dr Mahathir in 1995 followed by my lawsuits in 1995,2001,2007,2012 and now the final lawsuit in 2015.
My next lawsuit will be at the Royal Court of Justice London in the event that this lawsuit will not end in a full trial and justice is further denied to me and 403 others.
Mohicans Case for Dummies
IN A NUTSHELL : MAF Fraud Case 1963-2015 is appearing in our court again.Facts not just figments of my imagination.Tun Razak committed fraud against the Malaysian Armed Forces MAF from September 1963 to November 1975 then he left for London to follow through advanced medical treatment and died there.He and his cohorts from PTD of KSN/KSU ranks used me and 403 other brother officers as their tools of deception on 11-7-1972 Cabinet meeting specifically to deceive Agong,Cabinet and Parliament to procure national policy to degrade and neuter the premier status of MAF to become an inferior and impotent status absolutely subordinate to the political master post 1-8-1972. We were a class of our own before 1-8-72 and subordinated only to the King,Country and the Federal Constitution.This was the status that I applied to join and accepted leaving my lower sixth form to become a professional soldier in the officer class.I was betrayed so did the other 403 cadets together with me.I joined the MAF as a profession not just normal public service job and should be treated as a professional in arms not mere job to fill food into my stomach.My ambition was very high then and was dashed and frustrated by this fraud to destroy the status of the Malaysian Armed Forces officer corps at the Cabinet level.Instead of joining a tiger class armed forces I was forced to join a donkey class armed forces post 1-8-1972 and I shall never forgive this till eternity. I was an Officer Cadet at the Royal Military College on 11-7-72 but Tun Razak and the KSN fraudulently classified me as a recruit in status thus blatantly violated all military laws in the Commonwealth England,Australia,New Zealand,India,Pakistan,Canada,United States even Papua New Guinea.Tun Razak blatantly lied to to Agong,Cabinet and Parliament that I was a recruit equivalent.This has been my grievance on 11-7-72 till today. He and his cohorts lied that all MAF officers were receiving British Colonial Expatriate Pay and must be localised by cutting up to 30% for the entire officers from Second Lieutenant to four star General including Chief of the Armed Forces Staff.He brilliantly and fraudulently deceived them by putting them en masse on a special Personal-to-Holder Scheme,in essence a bribe to betray the armed forces as an institution.He is now dead so did the three of his PTD cohorts of KSN/KSU ranks but that is not the issue for I cannot call them to testify or defend my allegations for they cannot rise from their graves to do so. The real issue is why all PMs after him Tun Hussein Onn already dead and Tun Dr Mahathir continued to protect his grand fraud and two Prime Ministers Tun Abdullah Badawi and Dato’ Najib Razaks who are just the shit carriers of the three PM also continue to protect,defend and preserve this fraud and this is the real issue in this coming court hearings and trial.They treated me inhumanely for the past 34 years when I stood up to fight this case up to Tun Hussein Onn on 23rd April 1980 and through all formal channels even suing British Prime Minister and Singapore Prime Minister in 2007 but was withdrawn because of legal and judicial manipulations. Verily the two Prime Ministers Tun Hussein Onn and Tun Dr Mahathir are the two heirs of this grand fraud who have been protecting this fraud till today.Tun Abdullah Badawi and Datuk Najib Razak are the two shit carrier Prime Ministers that will do whatever is necessary to protect Tun Razak,Tun Hussein Onn and Tun Dr Mahathir and will appoint their successors among their bloodline to protect this grand fraud till eternity.I suspect that Tun Abdullah and Dato’ Najib are suffering from mental illness for fearing the dead too morbidly.Both proved that they had no guts and balls to admit the wrongdoings of the troika Tun Razak,Tun Hussein and Tun Dr Mahathir. These five Prime Ministers enjoyed immunity and impunity from prosecution solely because the MAF High Command and other lesser commands have proven to be spineless,incompetent and selfish since 1963 who collectively put personal interests first before the interests of the Malaysian Armed Forces as a national institution.In its truest sense we ourselves have betrayed the Malaysian Armed Forces and we all must repent by supporting this lawsuit to redeem our honour,dignity and maruah trampled since 1963. In Tun Dr Mahathir’s holy word we sodomised ourselves so we must continue to live in shame from here to eternity. Sorry Tun not me and those fighting with me in this final lawsuit we will fight to the last trench to redeem our honour,pride and dignity trampled by you all coming to 43 years this August 1 !
Good Soldier Tuan Zainal
I am not a usual lawyer taking up cases as other lawyers do but one of us who took up law to fight our case from the very beginning.I became a lawyer by this necessity through and through.No other lawyers would sleep with his case more so with this case because it would be insane to do so. At the very beginning I was helped by military lawyers Col Malik bin Alwi, Lt Col James Tan and Col Wan Nordin and Yusof Khan bin Ghows Khan the Mindef Legal Adviser up to my presentation to CAFSC on 9th February 1981.I was then just a Bat C Captain.I am a soldier first and last and you can call it a perpetual soldier.
There are people who appreciated my struggle and many too criticized me severely but I am a very convicted person and I will fight till the end not just here but also in London and the Hague.The coming legal fight will be very brutal and bitter and my strong belief is that we will win because the facts as you all know about are on the side of justice and truth.
Just like elephant I have traveled the world for the past 33 years and now I’m back to where I came from, Kota Bharu preparing for my coming soon eternal world.My entire library in Berlin will be moved to Kota Bharu as my Amal Jariah to be opened soon for the benefit of intellectually hungry readers here.My library of about 30,000 volumes of rare legal,philosophy and military thinking are part of my research work for the past 33 years.At the same time I’ll be doing my pro bono legal work as part of my contributions to my birth place.Our days are numbered so do their days
A Great Betrayal
On 11th July 1972 Cabinet meeting Tun Abdul Razak as the Prime Minister and Defence Minister fraudulently classified MAF officers from the ranks of Second Lieutenant to General as receiving British Expatriate pay and status to deceive the King,Cabinet and Parliament to cut drastically the quantum of pay for all Malaysian Armed Forces officers from Officer Cadet to General including the Chief of the Armed Forces Staff by up to 30%.This was the fraudulent policy procured by him from the Cabinet with the active collaborations of five top PTD officers of permanent secretary grade to swinishly ‘localise’ the concocted Expatriate pay quantum and status with effect from 1st August 1972.
All officers from the ranks of Second Lieutenant up to General who had been receiving the Expatriate pay were allowed to continue receiving the Expatriate pay on Personal-to-Holder basis by which they collectively were able to retain the Expatriate pay quantum.Was this not a treacherous and fatal bribery to induce MAF officers to betray the armed forces as an institution?
What have happened to our institutional pride,honour and dignity to allow this treachery and betrayal to continue till today with absolute impunity and immunity?The Malaysian Armed Forces is not owned by officers and soldiers but by the nation, it is a national institution to defend the country.Officers come and go and their duty is to take care of the institution and never to betray this trust.The issue is the entire officer corps did collectively betray the MAF on 1st August 1972 by not standing up to the grand fraud committed by the Prime Minister Tun Abdul Razak.When all prime minsters after him continued protecting his grand fraud the MAF high command had no guts,balls and fiery bellies to stand up to fight and redeem our trampled pride,honour and dignity.NAPE GITU?
The fundamental issue is the continuous inhumane treatment of 404 junior officers when they raised this gross injustice case on 23rd April 1980 to the then Prime Minister Tun Hussein Onn.Tun Hussein Onn gave precedence to Tun Abdul Razak purely on kinship link as both married the two sisters daughters of Tun Noah.So he protected,preserved and defended the grand fraud of his brother-in-law Tun Abdul Razak.Tun Dr Mahathir continued to protect this grand fraud purely on his lifelong and endless gratitude to Tun Abdul Razak for accepting him a three quarter Indian to become a pure Malay fit to lead UMNO a Malay pure nationalist party.Tun Mahathir persona in UMNO itself is a designed fraud to protect this grand fraud for 100 years 1963-2063.Tun Abdul Razak as a brilliant strategist used Tun Dr Mahathir’s personal indebtedness and gratitude to him as his grand sentinel to protect,preserve and defend his grand fraud.
Tun Dr Mahathir should sever this gratitude for he has been a Malay all along albeit a constitutional one.Tun Abdullah and Datuk Seri Najib are just shit carriers of the three prime ministers and will appoint among their bloodlines as future prime ministers to protect this grand fraud.This grand fraud is the private agenda of the five prime ministers successively to degrade and neuter the armed forces permanently.Now Datuk Seri Najib is the Prime Minister and Dato’ Hishamuddin his cousin as the Defence Minister and the question is are both of them absolutely bent in protecting the grand fraud of their fathers Tun Abdul Razak and Tun Hussein Onn?This treasonous abuse of power for their private interests must be checked by this final lawsuit here.Tun Abdul Razak had deliberately and fraudulently classified in his Cabinet paper that the 404 officer cadets and midshipmen were not serving officer and this had blatantly violated the military and naval law at that material time. It was made with a clear purpose of using them as a ploy to distract the grand fraud against the MAF as an institution from the King,Cabinet and Parliament.
The 404 officer cadets and midshipmen as a group was intended specifically to be used perpetually as tools of deception,fraud and concealment to permanently degrade and neuter MAF to become a totally insignificant institution devoid of any function of check and balance but as a mere security instrument subject to absolute orders.What comes from the Cabinet must go back to the Cabinet principle is applicable here and this all Prime Ministers from Tun Abdul Razak,Tun Hussein Onn,Tun Dr Mahathir,Tun Abdullah Badawi to Dato’ Najib Razak have continuously refused to revisit and re-table this despicable Cabinet decision fearing that the genie in the bottle might escape and devour them dead or alive. This is the greatest military debacle of all time for the Malaysian Armed Forces – losing a war without firing a single bullet! Are we a bunch of cowards,fools and idiots to allow ourselves to be used as their tools of fraud and deception perpetually? Tepuk dada tanya selera.
Letter to the Prime Minister
I am writing to the Prime Minister before I file the lawsuit to seek his approval for the government to appoint a top fraud specialist team from New York to investigate the mega fraud committed by the five prime ministers of Malaysia on the Malaysian Armed Forces between 1963 – 2015 because we do not have the expertise in this region to comprehend this kind of fraud.Since under PM Najib the PMD has spent RM7.2 billion in paying foreign consultants to advise him on how to run the country effectively it would be just a peanut to allocate RM100 million to investigate this fraud.This is a national fraud at the Cabinet level and the lawsuit is worth RM1.2 billion in punitive and stigma damages.
We need Anglo-Saxon or Jewish brains to deconstruct and reconstruct this mega fraud and it is beyond the abilities of Chinese,Indian,Malay or any other oriental brains to comprehend this mega fraud even the brain of Lee Kuan Yew is not sufficient enough to comprehend the surface of this mega fraud.We need brains like Bernard Maddof and George Soros and the former can be consulted from his goal cell for a bargain fee.
I want to advise him strongly to stop further prostituting the Cabinet,KSN,AG,CJ and his cousin Hishamuddin to cover up this mega fraud and to fear God’s wrath.I will advise him to stop searching for MH 370 until he solved the MAF 404 case because it is intertwined by God’s wrath to punish all the five prime ministers for cheating the armed forces for more than five decades.Their collective sin is bigger than Mount Everest but it has been hidden because of the ‘cluelessness’ of Malaysian and Singaporean for the last 50 long years! Hidup Mohicans.
FINAL NOTICE
TAKE NOTICE THAT this is our last and final lawsuit in Malaysia. If you decide to join us in this last civil action kindly pay RM1000.00 to Mohicans Services CIMB Acct : 8600 4970 32 before 26th June 2015.I can only fight for officers who are truly committed and willing to fight with me in this final battle.This is a fresh action and all previous actions are over and done with.In this lawsuit we are setting aside all previous court decisions by Justice Dato’ Wahab Patail and JC Vazeer Alam Meera and the three Court of Appeal judges for high level fraud and collusion of various very top level parties. Our case will then be heard afresh before a new High Court judge in a full trial that may last for several weeks. Thank you very much for all officers who have contributed to the case in the past from 2002 to 2013.Due to high legal costs involved this time I can no longer represent all officers except those who joined in this final fight only.Whatever court order in respect of any payment by trial or otherwise will not include those who do not join this final fight.We need a threshold sum of RM100,000.00 to pay for the security for costs of this final lawsuit.Your name will only be submitted to the court and the Attorney General Chambers for this purpose if you decide to join. Take Further Notice that this lawsuit can no longer be a class action representing all the 404 officers.The court will strictly require proof that all the 404 officers have legally consented to join this fight and contribution to this fight will be the only potent proof of the required consent.Furthermore to claim for substantial damages you must prove that you have suffered injuries immeasurably and mere moral support will not be evidentially sufficient.Ignorance of the injuries suffered will nullify your punitive and stigma damages claims in this final lawsuit. We are not claiming the total sum of the difference between RM720 PTH Scheme and RM500 New Scheme but damages for treating us inhumanely for 42 continuous years 1972 – 2015. Using us as tools of fraud and deception to degrade and neuter the Malaysian Armed Forces is a heinous,despicable and treasonous act of inhumane treatment classified as crime against humanity under the International Criminal Code. All we need is 100 officers truly committed to support this civil action morally and financially this last time.The rest we let the authority settle with them if ever they want to settle without legal fight but based solely on anomaly and compassionate ground and strictly not on legal claim of fraud and inhumane treatment.You will only deserve the substantial punitive and stigma damages if you are truly committed,ready and willing to fight on for your rights this last time. Thank you. Tengku Zainal Abidin
Dated this 7th June 2015 e-mail – tzabidin@gmail.com
A Naval Strategist’s opinion
Destruction of the premier status of the Malaysian Armed Forces was the real objective of Tun Razak as the Defence Minister and Deputy Prime Minister between 1963 and 1969.MAF was the real victim and the 404 officer cadets and midshipmen came later in 1972 to be used as tools of deception to deceive Agong,Cabinet and Parliament to achieve his plan.In 1972 Tun Razak bribed the entire officer corps from Second Lieutenant to four star General and Chief of the Armed Forces Staff to accept the unspeakable and fraudulent Personal-to-Holder Scheme for the entire officer corps.Then he just used the cadet issue which was a micro issue that could be easily handled and hide the macro issue of the destruction of the premier status of MAF by way of deflection and bribery. MAF should be the real party that must sue these traitors.If this was not fraud between 1963 to 1975 what is it? Can these two third world countries called Malaysia and Singapore really think? I doubt so basing on this historic case.Without solving this case years to come there will be only two classes of people in both countries either your are a fool or a thief and nothing in between.
Due to the seriousness and complexity of this historic case it should be shouldered by Mindef exclusively and they can easily allocate a budget of RM100 million or so and appoint a team of world class trial lawyers to sue the Prime Ministers and the government.This would however be absurd because they would then be hanging their own necks.The only way is to replace the present government with a new one.
When we took private actions against them high majority of officers were and are still very stiff in contributing financial support due principally to their entrenched ignorance about their own case.This has compounded further our initiative to fight effectively as a group.If the officers really read,analyse and conclude rationally they would surely be running to support this fight or appointing their own lawyers and will be willing to pay whatever sum to redeem their trampled maruah.
RM100,000.00 action fund to sustain this legal fight is purely a basic fund to cover security for costs and not professional fee that may touch RM3 million for a ‘A’ grade trial lawyer here in Malaysia.RM100K is purely because Tengku Zainal fights the case in person as both litigant and counsel.Otherwise we need an action fund of exceeding RM3 million.So do not consider contributing to the action fund of RM100k as a very big issue for this RM1.2 billion claim.
To fight the enemies without is one of a hellish thing to face but fighting the ignorance among us is really a very debilitating task.Most officers are only willing to hear coffee shop talks rather than reading about documents relating to their own case.This kind of coffee shop talks would often lead to a situation similar to the case of six blind men describing an elephant.The obvious consequence of it is not just not supporting your own case but in fact peeing in your own water bottles that is sabotaging your own interests.
This is not a skim cepat kaya ala Pak Man Telo but we are facing a very brutal court fight against equally brutal enemies bent in containing us in an enclosure meant for the hard core ignoramuses.This is a very complex case and make more worst that we are suing all the Prime Ministers the number one in the country and very powerful.If it is an easy case it could have been solved fifty years ago in September 1963 by the Prime Minister of Singapore Mr Lee Kuan Yew or forty one years ago in July 1972 by Tun Suffian the Chief Justice.Both were Cambridge educated lawyers.Justice is blind is true but the all powerful are not blind and they will do whatever things evil or despicable to cover up their wrongdoings.Do not let the enemies do this to us this time and join this last fight.We must this time fight and die with dignity or die at the very least with our boots on.
The Beginning
The disputed Federal Government of Malaysia Cabinet decision was made in Sept/Oct 1963 to set up the Royal Commission to review the entire public sector but excluded the Malaysian Armed Forces.The Keretapi Tanah Melayu was also excluded to be used as the red herring to deceive the Agong,Cabinet and Parliament by Tun Abdul Razak.The KTM was included by court order for unconstitutional exclusion.The Prime Minister was Tunku Abdul Rahman and the Prime Minister of Singapore was Mr Lee Kuan Yew and the Deputy Prime Minister/Defence Minister was Tun Abdul Razak.This was the beginning of the grand fraud that lasts till today 2015.
REPORT OF THE ROYAL COMMISSION ON THE REVISION OF SALARIES AND CONDITIONS OF SERVICE IN THE PUBLIC SERVICES OUR TERMS OF REFERENCE
1.Our Terms Reference are as follow :
(i) To consider and recommend the principles which should govern the emoluments and conditions of service of monthly-rated officers in the Public Services as defined in article 132 of the Constitution other than the Armed Forces.
(ii) In the light of such principles, to consider and recommend whether any changes are necessary in the salaries and conditions of service of these service, and if so, to advise on the mode of conversion to any revised scales that may be recommended, bearing in mind the desirability of having as few salary scales as possible.
(iii) In making its recommendations, the Commission shall take into account the financial and economic situation of the country.
(iv) The Commission should submit its report as expeditiously as is practicable.
2. Article 132 of the Malaysian Constitution provides that for the purposes of the Constitution the public services are :
(a) the armed forces;
(b) the judicial and legal service;
(c) the general public service of the Federation;
(d) the police force
(e) the railway service
(f) the joint public services mentioned in Article 133; and
(g) the public service of each State
3.Of the seven categories mentioned above, the armed forces are specifically excluded from our purview by our Terms of Reference.Members and Constitution of the Commission was announced on 26th February, 1964.
The Secretary was appointed on 7th May, 1964.The Chairman Mr. Justice Suffian assumed duty on 1st March, 1965.Dato’ Hamzah bin Abdullah assumed duty on 7th April,1965.Mr M.N. Menon (from Singapore) assumed duty on 21st April, 1965.Mr D.C. Duff (from New Zealand) assumed on 19th May, 1965.Singapore separated on 9th August, 1965.Mr M.N. Menon ceased duty on 3rd December, 1965.Mr J.Cumming (from United Kingdom) assumed duty on 9th December, 1965.Mr M.Y. Godbole (from India) assumed duty on 14th December, 1965.Oral evidence first heard on 5th January, 1966.Report signed on 3rd July 1967.Cabinet approved in November 1970 taking effect from 1st January 1970.
LEGAL ISSUES.
1. Why Malaysian Armed Forces MAF was excluded without any safeguard?
2. Why Royal Commission of Inquiry for all general public service including PTD but ONLY inferior Cabinet appointed committee of PTD senior officers for the MAF?
3. Why not a single Generals, Admirals and Air Marshalls raised this matter to the Supreme Commander of the Malaysian Armed Forces between 16th September 1963 to 25th May 1978?
4. Why Suffian and Aziz Royal Commissions reviewed salaries and conditions of service whereas MAF was reviewed salaries and terms of service?
5.Why when Keretapi Tanah Malaya KTM that was originally excluded was included by court order on unconstitutional ground MAF was not included? Was this not a contempt of court in 1966 by the Cabinet to ignore the court order on constitutionality of the exclusion in which the principle was also applicable to the armed forces.
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