Dr M’s ex-aide arrested, fined RM20,000 for contempt of court

[Watchman]

Dr M’s ex-aide arrested, fined RM20,000 for contempt of court

By Debra Chong

KUALA LUMPUR, March 25 — Former Prime Minister Tun Dr Mahathir Mohamad’s ex-political secretary Matthias Chang (picture) was arrested and cited for contempt today after he walked out of his defamation suit against American Express.

He was fined RM20,000 and given a week to pay up or face a one-month jail sentence.

The 60-year-old lawyer, who claimed the giant charge card company had caused him to suffer public shame in an incident eight years ago, caused a stir in the Kuala Lumpur High Court here this morning when he suddenly walked out of the witness box while being cross-examined.

According to a lawyer who witnessed the commotion, Chang suddenly stood up and refused to answer further questions from the defence .

The lawyer who asked not to be named said Chang started abusing trial judge, Justice Noor Azian Shaari, and accused her of bias and said he would lodge a complaint against her with Chief Justice Tun Zaki Azmi.

“He then said, ‘I’m going to walk out of court’,” said the lawyer.

Noor Azian immediately ordered Chang remanded for “contempt in the face of court”, based on Article 52 of the Rules of the High Court 1980.

The contempt proceedings were heard separately by the same judge in the afternoon.

Noor Azian told Chang that she would not cite him for contempt if he apologised for his earlier outburst but he refused.

“I have nothing to say,” Chang told Noor Azian, in what was seen as another snub to the judge, when she asked if he had anything to say in his defence.

She then fined Chang RM20,000 for the offence and told to pay the amount within one week or be jailed for one month in default.

The judge also warned Chang she would strike out his claims for defamation if he failed to turn up tomorrow morning for the rest of the proceedings. She released him after that.

Chang had first sued American Express for defamation in 2002, claiming he was humiliated after his charge card could not be read during an official trip to Antarctica with Dr Mahathir.

He served as the ex-PM’s political secretary between June 2001 and October 2003, when Dr Mahathir retired.

Chang’s lawyer for the defamation suit was Manjit Singh, but he later switched counsel to Zainur Zakaria.

Lawyer Prakash Menon represented American Express.

 

[halsey02]

Chang had first sued American Express for defamation in 2002, claiming he was humiliated after his charge card could not be read during an official trip to Antarctica with Dr Mahathir.>

They have American Express, Jcard, Union Pay, Visa, Mastercard...DBS ATM machine in the Antartica???

 

[kensington]

"I have no wish to continue with the proceedings as I have no confidence in the impartiality of the Court. My three counsels have been repeatedly abused by you. You have also abused me and cast unwarranted aspersions on my character without basis. In my over 30 years of practice, no judge has ever abused me and or was rude to me. I intend to make a complaint to the Chief Justice and would now take leave and retire."




To My Dearest Friends and Colleagues,

I have fought against injustice throughout my life and as a practising lawyer, upholding justice when there are abuses by the judiciary and the state machinery calls for sacrifices and I have never shirk from that call to duty.

On Thursday, I became a victim of injustice inflicted by an errant Judge in the High Court of Malaya.

In this case, I was the litigant, the plaintiff suing the defendant, American Express for defamation, malicious falsehood, breach of contract and misrepresentation. It relates to a charge I had incurred for and on behalf of the Malaysian Government some years back for which the Government has not paid.

Most of you are aware of my opposition to the previous regime headed by the 5th Prime Minister. In the course of that political fight, I had to defend Tun Mahathir for which I was sued for RM 50 million allegedly for defaming one of the cronies of the regime. I counter-claimed against that crony likewise for defamation against me and exposed his corruption in conjunction with the son-in-law of the then Prime Minister, Abdullah Badawi. My defence against the RM 50 million claim was justification, the crony was corrupt to the rotten core. The case has been in limbo ever since.

Therefore, this case that came up for hearing is not as simple as it looks. There were forces ready to pounce and humiliate me at every turn.


THE CASE:

From the word go, my three Counsels were treated without due respect.

1) My Counsel was denied the right to make an Opening Statement, a right which every litigant has.

2) I was called to testify immediately.

3) Bearing in mind that my claim was in defamation and malicious falsehood, it was incumbent on my Counsels to lead evidence on my background as a barrister and an advocate for over 30 years and my service in government as political secretary to the 4th Prime Minister. Immediately the judge pounced on me and declared everyone before her court will be treated equally and I had no need to declare my past and or the need to "impress" her. She further said that "so what if I was previously the political secretary to the Prime Minister and a senior lawyer of over 30 years experience."

4) My Counsel objected and told her that reputation is needed to be established for the purposes of a claim for damages etc. He was told to proceed and go on to the next issue.

5) In giving evidence, whenever I had to refer to an exhibit and or an admission made by the defendant in support of my answers, I was accused of "submitting to her" and she abused me as trying to conduct my evidence as a lawyer and not as a witness. Again, objections by my three Counsels were overruled and when so overruling my Counsels, banged the table with her right hand.

6) The Judge repeatedly accused my Counsels of not "doing their work" and such remark seemed to be always on cue when Defendant Counsel makes any objections. This lawyer is also the lawyer acting for the crony of Abdullah Badawi in the defamation suit for RM 50 million against me.

7) This hostile exchange went on till lunch break. I had not by that time finished with my testimony. During the lunch break and unknown to me, the judge summoned the defendant's counsel and my lead counsel to her chambers and declared that I had no case and she will dismiss my claim.

8) My Counsel informed me of this development while I was having my lunch.

9) When Court resumed, I requested an audience with the judge in her chambers with all parties present to make a formal complaint to spare her the embarrassment of a public complaint. The Judge refused my request.

10) The Judge resumed the hearing in Open Court, whereupon I addressed the Court and said:

"I have no wish to continue with the proceedings as I have no confidence in the impartiality of the Court. My three counsels have been repeatedly abused by you. You have also abused me and cast unwarranted aspersions on my character without basis. In my over 30 years of practice, no judge has ever abused me and or was rude to me. I intend to make a complaint to the Chief Justice and would now take leave and retire."

I said this in a very firm and deliberate manner.

IT IS TO BE NOTED THAT IN MALAYSIAN COURTS, PROCEEDINGS ARE RECORDED LIVE, AND AT THE END OF THE PROCEEDINGS, WE ARE GIVEN A COPY OF THE VIDEO RECORDING.

11) The judge remarked and warned me that my conduct has been recorded. To that I replied that likewise her abusive behaviour was also recorded.

12) Whereupon, the Counsel for the defendant stood up and shouted, "This is contempt! Arrest him! Arrest him!" and cited Order 51 of the Rules (which by the way does not provide such measures).

13) The Judge incited by that lawyer, directed the police officer in attendance to arrest me and place me in custody in the Lock-up at the basement of the Court Complex.

14) The professionalism of the police officer was such that he did not handcuff me, but merely invited me to follow him. In the course of our short walk to the lock-up, he said that he was stunned and was disappointed with the behaviour of the judge towards a senior lawyer.

POINT TO NOTE: IN ACCORDANCE WITH MALAYSIAN LAW, I HAD NOT COMMITTED ANY CRIME AT THAT STAGE TO WARRANT ANY ARREST, MORE SO ONE INSTIGATED BY A LAWYER. AN ALLEGED CONTEMPT AT THAT STAGE IS NOT AN ARRESTABLE OFFENCE. MORE OF THIS LATER.

15) When we reached the basement, I was invited to sit on a sofa and was not placed in a cell. He enquired whether I would like to have lunch and or refreshments and was most concerned about my well-being. I asked for permission to use my cell phone to contact another Counsel to defend me in this matter. The officer readily gave his consent.

16) I immediately called my friend and fellow colleague, Mr. Zainur Zakaria who is also the Acting Chairman of the Kuala Lumpur War Crimes Commission.

17) When I narrated the events on the phone to him, he was utterly shocked and asked me, "Was there any charge for contempt? Was a charge prepared and read out to you? Was any plea taken?"

I replied, "None whatsoever ... I am wrongfully arrested."

18) Zainur rushed to my cell from his office which was five minutes away from the Court Complex.

19) Zainur went to the Court and told the judge that I cannot be arrested for contempt when there has been no charge and no plea taken, and most importantly no conviction. Zainur knew the law as he had faced a similar experience some years ago.

20) The Judge went to her chambers, prepared the charges and resumed sitting in Open Court.

21) She read the charge to me and if my memory serves me right, this is what she read out, "You lost your cool and left the court premises. This is contempt (The video would verify the exact words). How do you plead?"

I responded, "Not Guilty."

22) Zainur requested an adjournment till the next day ? Friday to prepare my defence. The Judge refused and demanded that I defend myself.

23) I told the judge that she had abused the lawyers and me and as such I am not in contempt.

24) She proceeded to convict me and asked for my mitigation. I said there is nothing to mitigate and that I intend to appeal against her decision. She then proceeded to impose sentence: RM20,000 to be paid within a week, failing which one month's jail.

The Judge also directed that the trial of my claim would continue the next day and if I am not present, she will proceed to dismiss my claim.

25) On Friday, my Counsel made an application for the Judge to recuse herself on the grounds of her behaviour on the previous day as well as having convicted me of contempt. She refused and disposed the case in my absence. My Counsel was asked to discharge themselves.


THIS SUMS UP WHAT HAS TRANSPIRED.

The judicial system is rotten, but I had in the past tried to reform by working within the system and held back my open criticisms.

I never expected to be a victim of the system. If this can happen to me, what more the poor and or unrepresented litigant.

It seems that there have been many cases of abuse by this Judge but the Chief Justice did not take any action.


Cont...

 

[kensington]

Cont...



MY FAMILY IS 100% BEHIND ME ON THIS MATTER.


I have no intention to pay the fine. I am also considering not even appealing as I have no confidence in the Appellate Courts. Should there be an appeal, they could do a white wash and uphold the conviction to protect one of their members. The public would be confused and may even think that I was indeed wrong in opposing the abuse. They may also be cowed in the future in any opposition to similar abuse.

I am therefore preparing myself to go to jail and hopefully, my incarceration would arouse the conscience of the people to stand up and fight against an injustice. An action that has been DELAYED FOR TOO LONG.

I appeal to all of you for your understanding and support and I seek your assistance that my plight be given the widest publicity as possible.

You can do so by writing to: -

1) The Prime Minister, Dato? Seri Najib bin Tun Razak

Fax: +603-88880142 or +603-88887711

Political Secretary's Fax: +603-88883971


2) President Bar Council, Malaysia

Fax: +603-20261313

3) Chief Justice, The Rt Hon. Tun Dato Seri Zaki Bin Tun Azmi
Chief Justice Chambers
Federal Court of Malaysia
Istana Kehakiman
Precinct 3, 62506 Putrajaya
Malaysia
Email: [email protected] This e-mail address is being protected from spambots. You need JavaScript enabled to view it

4) Chief Judge of the High Court of Malaya
The Rt Hon. Tan Sri Arrifin Bin Zakaria
Chief Judge Chambers
Federal Court of Malaysia
Istana Kehakiman
Precinct 3, 62506 Putrajaya
Malaysia
Email: [email protected] This e-mail address is being protected from spambots. You need JavaScript enabled to view it

The week for payment of the fine ends on Wednesday - 31st March 2010

I intend to surrender myself at the Court premises. produce the RM20,000 to establish evidence that I have the means to pay, but will not pay and rather be sent to jail in defiance of the injustice inflicted on me by this errant and abusive Judge.

I thank you all for your support.

As ever,

Matthias Chang


http://malaysia-today.net/index.php...ive-judge&catid=18:letterssurat&Itemid=100129

 

[kensington]

Is it poetic justice this Matthias chappie faces now because he was for so many years whispered into the ears of his master, the most digusting mamak in this fucking world who in turned messed up the judiciary in Malaysia and now his odd predicament. How the mighty has fallen. His comeuppance, I presumed...

 

[cass888]

This is one abusive character, one of the few who have even been expelled from the coverted freemasons" society.

Dr M’s ex-aide arrested, fined RM20,000 for contempt of court

By Debra Chong

KUALA LUMPUR, March 25 — Former Prime Minister Tun Dr Mahathir Mohamad’s ex-political secretary Matthias Chang (picture) was arrested and cited for contempt today after he walked out of his defamation suit against American Express.

He was fined RM20,000 and given a week to pay up or face a one-month jail sentence.

The 60-year-old lawyer, who claimed the giant charge card company had caused him to suffer public shame in an incident eight years ago, caused a stir in the Kuala Lumpur High Court here this morning when he suddenly walked out of the witness box while being cross-examined.

According to a lawyer who witnessed the commotion, Chang suddenly stood up and refused to answer further questions from the defence .

The lawyer who asked not to be named said Chang started abusing trial judge, Justice Noor Azian Shaari, and accused her of bias and said he would lodge a complaint against her with Chief Justice Tun Zaki Azmi.

“He then said, ‘I’m going to walk out of court’,” said the lawyer.

Noor Azian immediately ordered Chang remanded for “contempt in the face of court”, based on Article 52 of the Rules of the High Court 1980.

The contempt proceedings were heard separately by the same judge in the afternoon.

Noor Azian told Chang that she would not cite him for contempt if he apologised for his earlier outburst but he refused.

“I have nothing to say,” Chang told Noor Azian, in what was seen as another snub to the judge, when she asked if he had anything to say in his defence.

She then fined Chang RM20,000 for the offence and told to pay the amount within one week or be jailed for one month in default.

The judge also warned Chang she would strike out his claims for defamation if he failed to turn up tomorrow morning for the rest of the proceedings. She released him after that.

Chang had first sued American Express for defamation in 2002, claiming he was humiliated after his charge card could not be read during an official trip to Antarctica with Dr Mahathir.

He served as the ex-PM’s political secretary between June 2001 and October 2003, when Dr Mahathir retired.

Chang’s lawyer for the defamation suit was Manjit Singh, but he later switched counsel to Zainur Zakaria.

Lawyer Prakash Menon represented American Express.

 

[scroobal]

Both Matthias and Eric Chia under Mahathir abused their position, given diplomatic passports which they also abused and caused more than their fair share of mayhem. He should be shot.

 

[StonebridgeLeaner]

Chang had first sued American Express for defamation in 2002, claiming he was humiliated after his charge card could not be read during an official trip to Antarctica with Dr Mahathir.>

They have American Express, Jcard, Union Pay, Visa, Mastercard...DBS ATM machine in the Antartica???

They went to a MacDonald's igloo there and they wanted the Snow Card, but he thought his Amex could qualify just because it is white in color.

Also he probably went big-headed and told Tun Dr. Mahathir: "don't worry boss, I will pay for our meal!" and went Dr. M quietly shook his head and did the facepalm after the card rejection he felt that what he had fought for throughout his life became meaningless."

 

[sunsanḍ̣̣̣̣]

They went to a MacDonald's igloo there and they wanted the Snow Card, but he thought his Amex could qualify just because it is white in color.

Also he probably went big-headed and told Tun Dr. Mahathir: "don't worry boss, I will pay for our meal!" and went Dr. M quietly shook his head and did the facepalm after the card rejection he felt that what he had fought for throughout his life became meaningless."

What do you know about credit cards when you are just a peasant earning peanuts and talking big in this forum?

 

[StonebridgeLeaner]

What do you know about credit cards when you are just a peasant earning peanuts and talking big in this forum?

What do useless janitors like you even know about credit cards when you are just an old, ugly and good-for-nothing rubbish dump and a forum deadweight here on your off-days as you obviously cannot afford other forms of entertainment?

 

[StonebridgeLeaner]

Oh and by the way, my Dad does give me a nice credit card for my own use, and it's shiny in color.

You probably don't even have a good-enough Dad to give you one, much less the ordinary green 'classic' one.

You probably only drool at other people having one, but you never really saw one in your own hands. What does pig swill like you really know about jewels or their different grades?

What a joke!

So much for PSLE grads and janitors with cheapskate names too HA!

 

[kensington]

PRESS STATEMENT - Matthias Chang 31st March 2010


My conviction by Justice Noor Azian Bt Shaari is a clear example that judges are above criticisms, no matter what they say in court - making snide remarks, belittling counsels, denigrating their integrity, being rude and offensive to litigants and lawyers and conduct calculated to intimidate.

Judges do so knowing that they are immune from any legal action. Additionally, they have the weapon of "Contempt of Court" to ensure that any opposition to their obnoxious conduct will be put down as being disrespectful to the court.

A case in point - a former Federal Court judge in delivering his judgment made defamatory allegations against a former finance minister who was not a party to the proceedings. It was a grievous wrong. It was only when the former minister, at great expense in engaging senior lawyers, applied to have the statements expunged, that the wrongs inflicted on him were somewhat put right. However, no action was taken against the judge. But of the millions who read the defamatory statements published by the mass media, how many knew that the statements have been expunged and the judge had no business whatsoever to defame the former minister? A man's reputation and integrity has been smeared beyond repair. For those who cannot engage a lawyer, their fate is buried in the memory hole.

Several years ago, I had commenced legal action against leading members of the Freemasons, which included an Appellate Court judge. The High Court judge told my counsel that unless I withdrew my case I would be cited for contempt. My counsel was courageous enough to tell him off, and he backed off, and the abuse by the judge was avoided. My counsel was a former President of the Bar Council.

To cite one example of Justice Noor Azian's unbecoming conduct as a judge in my case before her - after ordering my arrest and having placed me in custody at the basement of the Court Complex at the instigation of Defence Counsel, she asked the counsels present for directions as to how to proceed with contempt against me. Defence Counsel, one Mr. Prakash Menon gave wrong advice to the judge, not even knowing that the relevant law was amended. When my counsel attempted to draw her attention to the amended law, the judge interjected and went on a tirade of insults and abuse, accusing them of conduct unbecoming, unethical behaviour and lack of decorum.

When my counsels, as was their duty, drew attention to the relevant laws, thereby saving her much embarrassment for her ignorance, she did not retract the derogatory statements and or thank my counsels for their assistance. Such is her arrogance.

Such abuse is all too common and while many lawyers have privately complained about such behaviour of judges, few have dared to take any action.

For my stand against such abuse and conduct unbecoming of a judge, Justice Noor Azian took it upon herself to be "judge, jury and executioner". No doubt, such a law exists that gives her such draconian powers. It does not mean that it is right. The law was amended, after Zainur Zakaria was cited for contempt when he was defending Anwar Ibrahim in the first sodomy trial.

The amended law is an unjust law and is prone to abuse by judges. Such an abuse has occurred in my case.

I was fined RM20,000 to be paid within a week from 25th March 2010. I refuse to pay the fine and I am willing to go to jail in protest against such a draconian law. I had initially contemplated to appeal to the Appellate Courts, but soon realised that whatever the outcome the draconian law will remain. I therefore, decided not to appeal.

It is my hope that my incarceration will draw attention to all concerned that this specific law of contempt, Order 52 1A of the Rules of The High Court 1980 is unjust, has been abused and will be abused in the future.

In closing I quote:

"One who breaks an unjust law must do so openly, lovingly, and with a willingness to accept the penalty. I submit that an individual who breaks a law that conscience tells him is unjust and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law." -- Martin Luther King



Matthias Chang

http://www.malaysia-today.net/index...arch-2010&catid=18:letterssurat&Itemid=100129


OUCH ! OUCH ! OUCH !
Must be real bad when you are on the receiving end for a change. You were part of the dismantling team of the Judiciary and now find that is the bitter pill that you have to swallow. Retributive justice ?

 

[Kotaro Fuma]

Of course i am ugly and worthless like all the other toilet slurping keling.

Can't disagree.