Tuesday 24 May 2011

Section 448 dropped

On 4 September 2010, my ex-wife broke into my house together with a locksmith and 6 packers. She was assisted by her lawyer and her husband. During the incident, she took away (amongst others) furniture items, electrical items and home furnishings (including curtains and flower pots).

I lodged a police report immediately after the incident.

In October 2010, I learnt that the police were investigating the case under Section 448 of the Penal Code (i.e. for house trespass). I was doubtful and not convinced but the police thought otherwise.

In March 2011, I then learnt that my ex-wife was going to be charged in court under Section 448 of the Penal Code on 15 April 2011.

The next mention date was set for 18 May 2011.

I just learnt that the case against my ex-wife has been dropped. I later learnt that the Head of Prosecution for the State of Selangor had dropped the case on grounds that there was no trespass as the house is registered under joint names.

My doubts have been proven.

Monday 16 May 2011

Defence - Part 4

On 18 February 2010, the Mahkamah Tinggi Syariah Selangor di Shah Alam allowed my mum to be a party to the child custody proceedings.

In response, my ex-wife tried to get a wrongful conviction against my mum under Section 377E of the Penal Code, i.e. child molest, by teaching and forcing my son to lie to a child psychiatrist. She subsequently lodged a police report but police eventually dropped the case.

On 29 May 2010, my ex-wife got married to her boyfriend in Kuala Lumpur.

It was also during that period that we heard that her boyfriend (now husband) was under investigation by the police under Section 377E of the Penal Code. Her boyfriend (now husband) was even detained overnight in the police lockup during the investigation!

Due to our grave concern of the possilibity that my children will be exposed to such a person, I subsequently applied to the Mahkamah Tinggi Syariah Selangor di Shah Alam to review my ex-wife's visitation rights.

On 17 August 2010, the Honourable Judge cut my ex-wife's visitation by half! This obviously infuriated her. Her advisor even arranged a meeting for my ex-wife's legal counsel and my legal counsel to 'clarify' the Honourable Judge's decision before His Lordship without His Lordship's knowledge on 30 August 2010. As expected, the Honourable Judge was furious when we imposed ourselves upon him.

Obviously disappointed, my ex-wife lodged a complaint against the Honourable Judge at the Jabatan Kehakiman Syariah Malaysia. Personally, I don't think it is a very clever thing to do.

On top of that, on 24 August 2010, I filed in my "Harta Sepencarian" or matrimonial assets case. As mentioned in my previous posts, my ex-wife had filed in an ex-parte application to freeze all my assets in October 2009. She didn't file in any "Harta Sepencarian" or "kes induk".

The "Harta Sepencarian" case notice was delivered to my ex-wife on 2 September 2010. My ex-wife (more specifically her unsavoury advisor) realised their mistake of not filing in the "kes induk". They suddenly realised that the validity of their ex-parte injunction is therefore in doubt.

Just 4 days after that, on Saturday 6 September 2010 my ex-wife and her legal advisor turned up on my doorstep with her husband, a locksmith and 6 packers. They forced their way into my house and basically emptied it, taking beds, sofa sets, cabinets, curtains, flower pots, hi-fi sets, electrical items etc. She also cut and changed all the locks and evicted me from my own home.

Her motive was clear. Firstly, she wanted to punish me and to provoke me for reducing her visitation rights. Secondly, she wanted to cause grave inconvenience to me 6 days prior to Hari Raya Aidil Fitri and before I was able to formally challenge the validity of her ex-parte injunction order. The "raid" was also conducted over the weekend, so that I had no access to legal help or support.

Much to her disappointment, I kept my cool. Instead, I lodged a police report, which to my surprise she is now charged under Section 448 of the Penal Code for house trespass.

Less than 3 weeks after the incident, my ex-wife and her husband patrolled the area near my house and saw my mum having a drink at the local mamak shop. Her husband got out of the car, went over to my mum and insulted my mum in public. My mum kept her cool and ignored him. He went away.

About 5 minutes later, he returned. This time my ex-wife followed him with a camera. Again my he insulted my mum in public. However, this time my mum could not take the dispicable vulgarities thrown at hear anymore. She splashed her drink on him and walked off.

My mum went home and subsequently drove over to the police station to lodge a report. As expected, my mum saw my ex-wife and her husband there lodging a police report against her for assault. The strange thing was that, he was bleeding on his chin. After interviewing all witnesses, the Section 323 of the Penal Code (assault) case against my mum was dropped. We later learnt that my ex-wife and her husband was at IPD Shah Alam until about 4am, trying to convince the investigation officer to throw my mum in the police lockup.

It appears that my ex-wife was trying ever so hard to get an assault (or similar) conviction against me and my mum via such provocations. She was trying ever so hard to get me and my mum a criminal record. Her efforts had not only failed, but had led to my ex-wife being charged for house trespass under Section 448 of the Penal Code.

We thought it would end there. But we were wrong...