She wants judge jailed but gets into deep trouble

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.

Rita Jong
New Straits Times

admin: Courts too should have been responsible enough to advise her rather than take her to task for her lack of legal knowledge. Judge - please put yourself in her shoes, what would you have done? just doesn't make sense!!!