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Blocking Variation Application of Dekri Nisi

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asked on Jul 25, 2016 at 19:51
by   jeff005
This is a continuation from the following Thread.

https://www.lawyerment.com/answers/questions/11482/changes-variations-in-court-order-dipinda-agar?g=6#a33180

I shall explain in detail later as to why i decided to fight against my ex-wife who has made an application to the High Court to vary the T & C of the original Decri Nisi of which I was granted Joint Custody. Now she wants FULL CUSTODY by making baseless accusations and slandering.
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answered on Aug 19, 2016 at 00:11
by   kiki
my confidence has grown tremendously,
Thats the way to go jeff..

appears the lawyers are getting or looking worried. 
yes, why shouldn't he got worried?

what possibly are there left for the lawyer to counter you jeff..
your WS is short and powerful, compact with facts and the judge loves it. 
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answered on Aug 19, 2016 at 15:01
by   jeff005
edited Aug 19, 2016 at 15:47
by   jeff005
TO WHOM IT MAY CONCERN

You have been reading on this thread

1. Some of my emails and pics files have been deleted from my PC and handphone.

2. My PC has been sync to another device by unknown individual/s.

3. I will lose my court case because I do not have concrete evidence to back me up as a result of those files deletion, including Whatsapp.

4. Now at the conclusion of this court case for the FULL CUSTODY of the son, you have made application of permanent "Molestation Order" in the High Court against me.

5. Do you know what is a MOLESTATION ORDER ?

6. Do you know the consequences and implications of such an order on HIGH COURT Public Records?

7. If approved, JEFF LEE will be branded as a potential MOLESTOR on records be it
    a) Child Molestor (any sex)
    b) Women Molestor

8. In the future years to come, any applications from me to go to other countries esp. USA, Canada, NZ, Australia, some European countries will be compromised.

9. Any PR and or Business Visa is subject to Security Screening nowadays at several countries. Even as at today my Business Visa to Thailand has been "Under Review" and "On hold" because of several police reports against me (all from you).

10. For the same token, your future husband to be will be applying for Spouse Visa and PR.

11. Do sit in the shoes of your son.. "My father is branded as a MOLESTOR".

12. In this application variation of Dekri Nisi to change from Joint Custody to Full Custody, there isn't a need to go to this extreme action be it on your side or your agents.

13. Your current actions has gone over the "Red Line" and esp when you are granted FULL CUSTODY, there is no longer any emotional nor links with me any more. So, do reflect on your current actions. 

14. I have signed a statement that I will not pursue any monies from you any more and is documented in the Dekri Nisi.

15. Do remember, once this Application is approved, that in itself will release the other terms of the Dekri Nisi, I shall immediately take actions in court to recover all the monies I have spend on you, for your Diploma and Degree expenses, marriage and holidays expenses, a share of your condo and "cars", as there is no LIMITATION ACT applicable for your this type of case which are not loans.

Good Bye Forever and Good Luck
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answered on Aug 19, 2016 at 18:20
by   lim_
What happened at the Court that day?
How did you win against the senior lawyer?
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answered on Aug 20, 2016 at 04:52
by   jeff005
edited Aug 20, 2016 at 04:53
by   jeff005
@ kiki

part 1

1. started journey at 6.30am. Reached court at 8 am. 8.30am register at kiosk. Found room.
2. register at registrar in court room. case called out 9.20am. Lawyer not in yet. Go back to sit.
3. 9.40am case called again. Lawyer just managed to rush in. case started.
4. Lawyer stood up and requested to adjourned to chambers because case is "sensitive"..??
5. Judge allowed. Go back to sit.
6. 10.30am called into chambers. Lawyer male about 35yrs old fat and clumsy.
7. Lawyer.. bla bla bla.. nak buat bantahan 4 afidavits. Served on th 2/08. Submissions on 5/08.
7.1 Puan :- Checked on her computer and studied the 4 afidavits.
8. Puan :- No time? then want to bantah? Any new issues? U want to reply?
9. Lawyer :- We reserved the right to file the last reply. Respondent give us last minute.
10. Puan :- Any "issues". Lawyer keep quiet. Puan glanced in my direction for the first time.
11. Me:- Yang Arief, respondent reserved the "Right to Reply". And the 4 affidavits is filed within the "Pleading Time". Both Puan and lawyer looked at time. ( I applied what the Avengers taught me to say). 
12. Me:- Yang Arief, The afidavit balasan by the applicant have 6 new issues. There are 1.... Puan stopped me.

*** Poor internet, I better post first *** 
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answered on Aug 20, 2016 at 05:47
by   jeff005
edited Aug 20, 2016 at 05:58
by   jeff005
@ vkpc

Part 2

13. Puan :- Looking at lawyer. Do you want to reply or not? Any new issues?. I will set up a new date.
14. Lawyer :- Yes, we want to reply... bla.. bla.. bla.. then he will reply, then this case will carry on and on for months. Wasting time (refering to my 'right to reply")
15. Puan :- (to lawyer) How long do you want to take to reply?
16. Lawyer :- 1 week
17. Puan :- okay, I give you 2 weeks. Submit by 1st sept. Hearing 2 weeks later. Respondent okay with it?
18. Me :- Yang Arief, I have to report in to work outstation. Either before end of Aug or end of Sept I can attend court.
19. Puan :- 29/09 . Both of us reply "okay".
20. Lawyer :- What time? Puan assistant answered 10am.
21. Puan :- Asking lawyer, when are you going to reply. He answered "in 1 week time"
22. Puan :- Turning to me: That will give you enough time to reply.
23. Me :- "huh"..?? I can still reply?
24. Puan :- No answer
25. Me :- I have put my submissions already. I have to file a new submission??  If Applicant write new issues, I have to amend my submissions again.
26. Puan :- (To me) no new issues. If there is, write it in your Submissions Tambahan.
27. Me : wow (excited), I can? (my mind says.. I am going to make bantahan this time)
28. Puan :- Yes,you can.
29. Puan :- Okay, you two exchange submissions 1 week before 29th. that is 21st sept.

30. Lawyer :- I have a perintah to get and a disk to submit to court for the hearing.
31. Puan : What perintah?
32. Lawyer :- it together with the submissions.
33. Puan :- (she check) What is this perintah about?
34. Lawyer :- it's a Molestation Order
35. Puan :- Okay, writing on her book.
I am be sensitive, but maybe i did see a "smirk" on her lips.

36. Puan :- (To lawyer) you have transcript for disk.?
37. Lawyer :- I do not have transcript now. But I will submit together with disk.
38. Puan :- Submit the oral submissions 2 days before hearing date.

(Me memang bodoh hahaha)
39. Me :- Puan, what type of oral submission I have to submit.?
40. Puan - No answer, just glanced at me.
41. Puan :- I will study the oral submission first (looking at lawyer)
42. Puan :- That's all (closing her files).

Lawyer pack his things and I pack mine
Ciao...
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answered on Aug 21, 2016 at 00:28
by   jeff005
edited Aug 21, 2016 at 01:08
by   jeff005
@ Lim_

I have won on this round because of the mock court trial conducted at The Avengers HQ.
I have set side the "Bantahan" by the Lawyers.
It appears that the 4 affidavits is SURE important.

Senior Lawyer? Junior Lawyer?
It does not matter to me anymore. can take the bull by their horns now.
I have just gained some experiences to handle those sly and whimpy ppl.
If spar with me using Law of the Jungle, see who can come out of the fight without broken limbs?

Many Thanks to the Senior Members of The Avengers
They have taught me the usage of these critical words

1. the right to reply by the respondent
2. within pleading time
3. Consent Judgement 
4. Trite Law
5. Submissions
6. Oral Submissions
7. Submissions Tambahan

To ALL who wants to Self Represent to fight lawyers

1. It is not very difficult but it is not as easy as ABC. Must read a lot of other similar cases.

2. When the lawyers change from open court to hearing in chambers, it means you have a strong case. They are scared to lose the case in front of the court room to an old man who is unrepresented by lawyers.
They were about 20 lawyers in the court room that morning. I see nothing "sensitive" about my case.
Initially they are the ones who requested for hearing in open court when they see that I was "Self Representing". The Case Management was with the PKP.

3. It is important for all to reveal the TRUTH, so that The Avengers can make proper assessment on how to reply accurately. DO NOT TWIST & TURN. Trying to high light the goodness in yourself and hide the bad ones. In a court case, the opponents will attack all bad issues.

Like kiki has mentioned above, they have no more things to attack me anymore. All have been PLEADED.  It may appeared that the Judge have guided me not amounting to "teaching" taking into account i do not have a lawyer. She hardly looked at me at all. All Q's were directed to that "senior lawyer". They may have decided to changed lawyers after reading the written submissions. No big deal, they could be reading this thread now.
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answered on Aug 21, 2016 at 00:52
by   jeff005
edited Aug 21, 2016 at 01:03
by   jeff005
@ gladt

Big bro.. many thanks for the advice to set side the "interim injunction".

I did not do it as I have no time and was is in a emotionally charged state and do not know where to do it and how to do it.

You are right, it is prejudiced and  it did affect me in the end. They are making it to "permanent injunction" now, although the contents differ slightly. But this MOLESTATION ORDER is flawed, i am confident that it can be set aside. My emotions have stablised, more confident, accepted the reality in life. WIN or LOSE, my youngest son, have assured me that his LOVE for me is forever.

On Thursday afternoon, after the case, I went to pick him up early from the daycare center.
Through the glass wall panels, can see he was jumping up and down with joy.
When he came out, i asked him he is jumping like a monkey..!!
One answer only which brought a tear in my eyes..!!

"Hooray..!! PAPA win..!!! "
(He was informed that i cannot be picking him up anymore if i lose on that day).

By his extraordinary gesture of JOY, i can feel his sentiments and loyalty to which side.

Bro.. Many thanks again for your input. Do keep it up if you feel that there are more suggestions that can help me.

Rdgs
Jeff Lee Teok Yew
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answered on Aug 21, 2016 at 14:09
by   notalawyer
22. Puan :- Turning to me: That will give you enough time to reply.
23. Me :- "huh"..?? I can still reply?
24. Puan :- No answer

Of course you can still reply as many times as you like.
The Judge kept quiet because she does not want to be seen as "helping" one side. ( you )

30. Lawyer :- I have a perintah to get and a disk to submit to court for the hearing.
It is not clear what is the content of the disk, maybe more sexual images and sexual harassment words, since they are going to use the disk as evidence to get the Injunction Order against Molestation.  You may need to prepare on how to rebut the contents of the disk orally.
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answered on Aug 21, 2016 at 18:20
by   jeff005
edited Aug 21, 2016 at 18:36
by   jeff005
@ notalawyer

Thank you for the advice.
I have already started working on it.
It is a recording of my "visit" to her office.
She claims that I have embarrassed her there so much that she has to resign from her job.
This recording is to show my "aggressiveness" there.
But I am sure I am not aggressive there.
In fact I was very careful there, albeit with louder voice, as she was standing at least 8 ft away.
Unknown to her, I do know some names in that office.
My daughter was an ex staff there. My ex, whose boss(immediate) joined that company at same time as my daughter 7 years ago.
The culture in that company is "drinking" and socializing after office hours.
All claims of OT's there were all half truths.

On 12/12/2015 there was a polis repot made against me for an incident that happened on 16/11/2015 which happened 1 month ago (as an afterthought).
She was taking care of the son for that night. She called at 7pm to say that she would be late as she has to perform OT. At around 9pm, i called her and it took some 2/3 calls before she replied. She said that she was having dinner with colleagues. She was in an enclosed room. Suddenly there were very loud noise (possibly door open) with loud music and a man shouted "Let's open another bottle". She cut the call.
At 11pm she came to my house to pick up the son. She came into my bedroom(son was sleeping) to get the son back. I did not allow as there was smell of alcohol on her. Arguments started. She made a lunge at meet. I strike out to defend myself. After that she explained that she was trying to retrieve her handphone which was behind me, left on the bed, i was sitting on the bed with the son who is wide awake then. She was not "attacking" me as she had done in the past.
We talk peace and she actually slept in my room that night as she was in no condition to drive.

Now in her affidavits, she swear she did not sleep in my room at all.
I cannot prove it as the pics I took was deleted from my h/p and PC.
But this polis repot affects my son very much.
His mother did sleep in my room numerous time and he was very happy as we go for supper and/or breakfast the next day as a "family".
His mother did strike me many times before and he saw it.
He can remember his mother begging me on at least 3 occasions, kneeling down on the floor tugging my pants/shorts. next to the house fridge, outside the dining hall, and in the bedroom.
Begging "please do not leave me and alvin".
Son was crying.

I am not making a drama with the above. It did happened and the son now is confused with all the incidents and polis repots. He is the main witness at all the events unfold. He is 11 years old and is very versed in english as the main language spoken in the family is english since the day he was born. He understand what was spoken but may not understand the prelude and implications about it. His mother has slapped him in public many times before.
(one table was the very same table I had teh tarik with ayzek before)

Another incident that affects my son very much. She went on project work to spore for 24 days (straight days, no rest). She went on 17th Feb and left RM 30 with son. She flew back on Mar 11th night.
She wasap the son saying that it is late and cannot pick him up that night. (her car was parked outside my house). Next morning she arrived at about 11am with her bags to collect her car and son. A few days later, my son asked me, where did mom slept on friday night? I ask him to ask his mom. My son did and the answer was in her friend's house. The son knows that KLIA to my house is the shortest distance. I have taught him how to google. Possibly he can track me while I am in thailand now. Son asked me why mummy cannot see me first, he missed mummy.

This variations in dekri nisi affects the son much more emotionally than me.
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answered on Aug 23, 2016 at 15:49
by   bella
Your ex wife applied for the molestation order because you keep on disturbing her at work.
This order is to prevent you from further disturbing her at work in the future.
Why so worked up?
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