We won the case against JPJ yesterday in High Court Kuching. It is about a car owner, Leonard Lim, who was refused his right to renew his road tax for his Kenari, the reason given by JPJ was that he has a outstanding summons on a different vehicle (a lorry)to which he was the driver.
In his affidavit, Leonard avered that he was issued the summons because he refused to bribe the policeman. The policeman accused him, in the summons, for being carrying dangerous loads. However, strangly, the policeman, when stopped him, mentioned nothing on the dangerous loads, but merely asked him "Apa macam sekarang?".
He ignored the summons. Thereafter he discovered that he has been balcklisted by JPJ only when he went to renew the road tax of his personal Kenari.The funny thing is that, the summons issued on 5.1.2007 stated that the offence "was committed" on 5.12.2007, it is a future offence.
Leonard Lim wrote to the police asked to cancel the invalid summons. No reply from the police. He then came to see Chieng Jen and Chieng Jen wrote to JPJ asked to allow him to renew his road tax upon payment of the prescribed fee. JPJ had, in reply, refused to do so.
Leonard Lim brought an action of Judicial Review against the Director of JPJ and Licenced Registrar.
High Court ruled in favour of Leonard, stating that a person is innocent until proven guilty. A summons is merely an allegation for offence. JPJ's act in refusing the renewal of road tax is unreasonable and unlawful. It is forcing someone to plead guilty. Further it amounts to violation of Art 13 of Federal Constitution, depriving one's right for the usage of property.
Leonard's claim to the damages consequential to the act of refusal to renew the road tax was allowed. The quantum of damages is to be assessed by the Deputy Registrar. JPJ is liable to pay the cost as well.
It is a victory to all the Malaysian. Over decades we have been suppressed by JPJ force to pay the fine of all the outstanding summons before the road tax of whichever vehicle you owned can be renewed. The High Court Judge pronounced the illegality and unreasonablness of JPJ's act. It is infringing human rights. JPJ have alter their system accordingly. Please stop violating our rights.
Tuesday, November 25, 2008
Judgment for Malaysian
Monday, November 3, 2008
国阵不能见人,所以怕了健仁
今天开始了砂州立法议会,这次健仁无法出席,因为在今年五月的立法议会,他成为2007年州立法议会特权及权利法令的第一位受害者。国阵以人多欺人少的方式,将他禁足与立法议会之外。
我们几位党员今天大清早到州立法议会的大门,声援张健仁。我们一行人在议员部长们的入口处拉起布条,将声音传达给国阵议员知道。国阵后座议员主席,阿都卡林甚至还停下车拿起手机将我们拍下来。我对他说:“YB,记得将照片放上你的部落格。”他也笑着点点头。
我今天谴责国阵将议会变成政治逼害的场所,灭绝异议之声。代议士是人民选出,岂可容你们禁止他在议会里发言。这是在消灭言论自由,何来民主?
张健仁身兼国会及州议员。国阵透过古晋选举诉讼案来推翻他国会议员的资格,也透过州议会的法令来阻止他好好履行州议员的责任,这可是双面夹攻,非要置他于死地不可。
将健仁禁足的动议可是人联党主席陈康南附议的。人联党注重于个人权利的斗争,过于人民权益的斗争。在国阵里不敢为人民争取权益。自己不敢,又不肯别人讲。人联党不值得人民再委托。
我们今天布条的字眼是“国阵不能见人,所以怕了健仁”。许多国阵的部长及议员开会之前都须看看我们的布条,包括陈康南,阿旺登雅,邓伦奇,李景胜等人的座驾都与我们的布条相遇。
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