Tuesday, November 25, 2008

Judgment for Malaysian

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.

Monday, November 3, 2008