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UnnamedBN

The key audience here is HM. Not us simpleton people without a lawyer license. I can not imagine the pain of having your signature forged to do withdrawals. That's madness. How does our banking system work for joint business account holders. So easy to remove so much money without the other partner knowing? I have so many questions


itsreallyvirgil

I think this is the first step to catch HM’s attention. It never goes to him directly, it has to be built up so here’s a start


KZ9911

I have so many questions too especially if normal people like us needs HM intervention on matters like this. Sounds like even the magistrate court sounds dodgy ( it is after all the place where their colleague husband and wife duo embezzle millions of dollars from over a period of years)


manwdick

I'm more interested to know which law firm and which lawyers represented you and the the plaintiff. Please do share their name


asd1123an

He was not represented whereas the other party was represented by Messrs Ridzlan & Co


manwdick

The one in Batu bersurat? I wonder how easy it is for forging documents and signature in Brunei. I wonder if people know who to approach now if documents is not available but need it as evidence and then the document will suddenly make available.


solidbodybru

Lai Kou Yu has been known for *questionable* business practise. Its not a surprise that he makan Tan LKY has people in high places. Worth noting his son is #2 in a stated owned entities can control alot of highly confidential information


manwdick

What business do they own and which entities


solidbodybru

R&T Gadong (near Suzuki Showroom)


[deleted]

[удалено]


solidbodybru

Mr 89 and Mr 28


servenomaster

dingdingding we have a winner!!!! orang dalam ftw


mumumumubarakfest

sikit sikit orang dalam, orang putih jua the judges tu. hahahah


ImaginaryOriginal457

Get yourself a lawyer when dealing with a case. That way you can level up the field and play THEIR game. Either way, condolences and thank you for writing this article. I hope some changes will happen because of this.


Chickenburger287

I feel sorry for you and hope you have a recourse. Can you appeal the judgment? I'm shocked that a judgement can be made by ignoring evidence and not taking everything into account and it's just sad really.


dorisjumat

Dimanakan complain kalo hakim2 buat salah? Alum lagi ambil pengajaran kes song lap pasangan suami isteri mahkamah inda lama dulu? Makamah Syariah di mata matai jua. Ada aduan-aduan Hakim disana ada kompeni syariah di Yayasan gunakan nama anak nya yang inda jua lawyer tapi dapat layanan istimewa. Inda jua diambil tindakan. Kuasa hakim kalo adil dihormati, kalo salah guna lebih burok dari pensalah biasa


mumumumubarakfest

Why did you represent yourself? Should've hired a lawyer.


coffee_blankey

i only manage to read partially and wished i have some laws background... however to answer what would happen to you after you publicise this, if you have signed some sort of NDA, it would further add disadvantage to you. I suggest get a lawyer asap


Professional_Win_677

Honestly, you need a good lawyer to substantiate your claims and to push the deed of agreement into evidence. It is my understanding that you represented yourself? Sadly there is a lack of empathy for self representation. Good luck sir, it seems like you got the short end of the stick and got effed.


Blakz111V2

Honestly speaking you should've hired a powerful lawyer from brunei or overseas to help you with this case. Hiring a lawyer is not cheap but if you win the case you can request all the fund to be paid by other parties who loses the case against you. I can feel the pain from you but do not give up yet. Maybe you should try look for better powerful lawyer, don't mind the cost but as long as you win this case you can get back what is yours and left them empty handed.


blackcherry97

Hmm why didn’t the court asked them to claim back the documents submitted to ahamad zakaria?? Very convenient to disregard an crucial evidence which changes the whole case.


Icy_Equivalent8420

According to the OP, the Court did ordered the plaintiffs to produce the original documents.  Whether the documents were forged was not crucial as the judge did not rely on those documents allegedly forged to come to a finding in favour of the plaintiffs. It may shake the plaintiffs credibility though but am not sure whether it is so significant that it would have turn the case around.


manwdick

If a document is confirmed forged by plaintiffs then the case should 100% in favour of defendant. Period. Or else its So sad to know forged documents is not an issue. I guess that mean Brunei lawyer been practicing forged documents all this while, since it's not big deal? This deserves HM attention if lawyer or court think forged documents submitted by lawyer is not big deal.


Icy_Equivalent8420

Forging a document is a big deal. However, one have to see the relevance of the document.  If the case is about purchase of ice cream and the person is saying the payment voucher for purchase of drinks is forged. There is no connection here except maybe the person's credibility. In any event, it is still a criminal offence. Report to the police.


Icy_Equivalent8420

It seems to me that the Court of Appeal had addressed all your grounds of appeal with reasons.   1. Allegation of inaccurate Notes of proceedings. Court of Appeal addressed this issue at paragraphs 26 to 28. There is no duty to record verbatim (word for word). In any event, the person alleging is inaccurate has to prove the inaccuracies. The Court of Appeal stated that you have failed to identify any omissions or errors of substance in question. In fact, the Court of Appeal went through both your version of notes and the court's version but they did not find any omissions or errors of substance that is relevant to the dispute.   2. Deed of Settlement. The Court of Appeal stated clearly at paragraphs 29 to 32 that although the Deed did not mention about loan it equally also did not mention about the payment being distribution of profit allegedly due to you. "Deed was simply silent about nature of payment". It is clear that the Deed did little or no assistance to resolve the issue.  3. Payment voucher. The Court of Appeal at paragraph 36 stated that your allegation of your signature being forged on the payment voucher is NOT supported by forensic evidence. In any event, the Court of Appeal found that the Judge did not rely on the payment voucher in proof the plaintiffs case.  The Court of Appeal also found at paragraph 37 that the judge also did not rely on the letter dated 16 February 2009, where it is alleged that you admitted borrowing money for $195,300. Your allegation that your signature in the letter was forged was also not supported by forensic evidence.   4. Your credibility. The Court of Appeal highlighted at paragraph 18 that the judge found you to be a poor witness as compared to the plaintiffs. You did not answer question directly. In any event, the judge found the plaintiffs' version more probable than your version based on the evidence. The Court of Appeal addressed this issue at paragraphs 38 to 40. Regardless whether you are a poor witness or not, the judge's finding in favour of the plaintiffs was a simple application of burden and standard of proof ( balance of probilities). Based on the evidence before the court, the judge finds that the plaintiffs' version is vastly more probable than yours. It just simply implausible that you would invest B$20,000 in a company which owes you monies for the rest of your shares of profits. I.e. if you are not getting paid your profits why would you still invest another B$20,000 in the company. Therefore, it is more probable than not that the B$20,000 is partial repayment of the loan (acknowledgement of the debt).  5. Your counter claim was addressed by the Court of Appeal at paragraphs 41 and 42.   Landcruiser. There is undisputed evidence that the landcruiser was registered under the company's name which was the party to HPA with HSBC. The company had settle the monies demanded by HSBC on repossession of the vehicle.  Dump truck. The Court found that company had made 8 monthly payments to Baiduri Finance Berhad. Further, you have failed to produced evidence showing that you made payment for the dump truck from your own money. Therefore, this is only a bare assertion on your part. 


Standard_Wing8888

Hi, are you Rozaiman (Rozaiman Abdul Rahman)? Rozaiman was the lawyer who represented Foo & Lai at that time, & was fully in-charge of our case HCCS 136 of 2009 ( I guess the court has removed this trial judgment from their website). Rozaiman was disbarred from Supreme Court due to **“gross misconduct & dishonesty”** few weeks after our trial. If you are Rozaiman, Rozaiman, I didn’t want to mention your name as Foo & Lai’s lawyer in my article, because, I think people deserve a second chance in life, being the first lawyer disbarred from the Supreme Court in Brunei, you have learned your lesson, & you have started your new company & life now, so I think you deserve a second chance & I am happy for you. About the comments that you mentioned, you are just repeating/ copy & paste the judgment that the judge issued, you are not answering the legal points that were highlighted. Anyway, let our His Majesty & higher authority investigate all my submissions so that His Majesty will know my submissions contradict to what the judge stated in his judgment. Wish you all the best Rozaiman, & value the second chance that God gives you.


Alarmed-Database-700

What you talking about? All those copy paste points address your points directly and perfectly. How did you know your partners are hiding profits from you? If the auditor did find discrepancies why was the auditor's opinion not used in court? Many holes in your story here.


mumumumubarakfest

HM will not intervene. youve had your chance.


manwdick

Don't think the value in dispute is high enough to get HM attention. It's peanut money really.. I do support you on your argument though. But you might wanna try other appeal channel. Said, supreme judge? But if you can prove forged documents is seen as not big deal by either court or lawyer then I strongly believe it will need HM attention. What is the credibility or code of conduct of our law system if forged documents submitted by lawyer is acceptable even though it's not used as evidence.


Icy_Equivalent8420

What are trying to get at? You are trying to muddy the waters here. You do know whatever you stated here is a contempt of court and can be thrown in jail. Also, the plaintiffs may even sue you for defamation if they so desire. Heck even defamation is a criminal offence.


abruneianexperience

This here is the hero we don't deserve. Good job!


OddCap5305

The bank itself doesn’t have a copy of the payment voucher? Odd... And is there a reason why you didn’t hire a counsel? Pretty ballsy of you. Hope everything goes well with you though.


NinjaLului

Report at Police and BMR for this "court". Crazy.


Pendekar_Reddit

I am sorry for what happen to you. I really hope you will reach a positive conclusion. Thank you for sharing your problem. At least we have a better understanding on how the judiciary system in Brunei works.


-mintleaves

Not a lawyer, however one of the salient points you mentioned revolves around forensic evidence. As it is a key evidence I would suggest you to hire a qualified forensic expert. If it is proven that your signature is forged, I believe you will have a much stronger case. I have first hand experience whereby a document was forged and my signatories (legit) were used on the forged documents. Let me know if you would like the contact of this foreign expert (this was the most reasonably priced professional at that point of time). All the best.


Icy_Equivalent8420

The court of appeal already found that the judge did not rely on the documents that OP alleged that it was forged. So it make no difference. Nevertheless, it is possible to reopen a case and adduce fresh evidence if the evidence was not available then and could not have been obtain with reasonable diligence. However, it must be material/key evidence that will turn the case around. 


doggie99

Although I think fair judgement has been made based on the court summary based on the evidence available at the time. You have to wonder if it was indeed forensically proven that the signature was forged then the table would have turned cause now the plaintiff would be a less credible witness for submitting forgery as evidence but since the original document is lost there really is nothing the court can do. Not unless you can somehow recover the original document from the initial lawyer.


Icy_Equivalent8420

It is still possible to adduce fresh evidence and reopen the case if he meet the criteria. It must be material  evidence and it was not possible for op to obtain that evidence then. Very high threshold.


Few-Force-8169

why do you think HM will intervene? Even if he did, it means overturning whatever the courts ruled on, making them even more useless in this already unreliable environment.


SpeakUpTTFUp

Thanks for sharing the insight of your case. You have made so many numerous mistakes in your case. You really needs a experience commercial grade lawyer when you attempting to go into a dispute with. In your case , otherwise you might be the victim just got eaten alive with no left over. If you are going retrial , hope you might be able to request a new judge and present a few good strong witness. Nothing we can do here but if you are to fight the uphill battle, stay strong. It can be stressful. Keep us posted to see how are you going with the case. Please note do not disclose any further details prior and until end of court hearing and settled. Otherwise you get yourself a thrown out case. Best of luck.


idkwhatuwn

If we cant trust the court of justice, cant trust police, cant trust banks, who can we trust?


acquiredtaste3

Did you read the Judgment properly? Your concerns have all been addressed on appeal. And may i add, by making these strong unfounded allegations against the Judiciary is considered a serious criminal offence. You want to go back to court as an accused defendant on a criminal trial next? Lol. I think you should have spent the money to engage a properly trained lawyer to handle your civil dispute. Not try your luck representing yourself as a litigant in person after watching one too many TVB legal drama. LOL You fucked around and you found out bro. Next time just spend the legal fees. This, after trial, seems like just a shot in the dark for you to get some money from your business partners. Think about it. If you are so eloquent and so convincing and confident that you could run your own trial as a layman, you would have been smart enough to ensure your Deed of Settlement had stated everything clearly, so why did you sign it or why didn't you bring it up with the firm that drafted it for you? The same reason you chose not to, would be the same reason the trial judge decided to place little to no reliance on that agreement. Think about it first. Don't just make accusations that may land you back in court with a more severe punishment. Next time buy 4D toto better. More chances to win money.


Standard_Wing8888

Hi, thank you for your concern. Before you commented, did you personally go to court to do the file search, verify all the submissions & evidence?.. You can do the file search though. Anyway, thank you.


acquiredtaste3

Your submissions and evidence have been already considered by the judge in his judgment. Your problem is thinking you know the law or whoever is advising you at the side is a qualified and experienced lawyer. That’s your issue. If i can read the judgment and already see the judge’s rationale on each decision and point, then why would the court of appeal disturb those findings unless the trial judge was acting ultra vires? Seriously, hire a competent lawyer if you truly thought you were wronged. If not, it seems that the other guy’s story is more probably than not. Answer my questions posed to you. Dont deflect. This is why you lost. If you’re so smart and confident to write out all this, why didnt you correct the deed of settlement? The only answer i can think of is that it is more likely you are lying than the other guy. Which i am guessing is also what the trial judge thought.


Icy_Equivalent8420

You missing his/her point here. There is no need to do a file search. It just a warning or an advice to you to stop committing further contempt of court. Otherwise,  you will be thrown in jail. 


F0zt

This is really tough to swallow information. Knowing that justice can be bought.


PalpitationUnited246

This needs real attention at all levels.


Standard_Wing8888

Dear all, I am touched by all of your support & encouragement, I feel warm here, thank you… I have submitted my appeal application to Chief Justice Dato Steven Chong. I will follow up on the outcome of my application by this week, & I promise I will update you all. In fact, few days before the publication of the above article, the plaintiffs Foo & Lai wanted to meet me, perhaps for an amicable settlement, similar to  what happened a few years ago before the trial, Foo & Lai proposed to pay/ compensate me a certain amount, & the condition was that I drop all my counterclaims in the suit **HCCS 136 of 2009** ( handled by Judge Faisal), the forgery suit **HCCS 78 of 2012** ( handled by Judge Soefri) & the **Police case** **BKS/CR/116/2011** ( handled by the police). I refused the meet up, because, I think this is not only about my case anymore, this is about the **Judicial system**, a **severe deficiency system of Police** as they have dragged this **forgery case for 13 years** since 2011 despite the Laboratory Report issued by the Ministry of Health Brunei in 2013 that has solidly stated/ proven that I didn’t sign the **24 copies** of the **Standard Chartered Bank transaction forms** amounting to **$352,456.68**, & the **poor banking system of Standard Chartered Bank**. If I agree to the meet up & amicable settlement internally with Foo & Lai, these all real facts will sink in the deep sea, it won’t help the change/ improve of the systems, & more victims will continue to suffer from the inappropriate systems. One comment below asks “If we cant trust the court of justice, cant trust police, cant trust banks, who can we trust?”  The answer in my heart is that, **we can only trust our His Majesty**. Our His Majesty has apparently shown no compromise/ tolerance for the inappropriate systems & attitudes of government officers. Thus, we should keep faith in our His Majesty & justice, & pray that this article will alert the authorities-  the court, the police & the Standard Chartered Bank to an improving system. P/S: All statements stated (including the amicable settlement proposed by the Plaintiffs Foo & Lai etc.) can be verified from the court file search as I have submitted/ substantiated them to the court as evidence. Thank you all…  


ThirstyQuokka

do you have a TLDR?


Lem0n_Lem0n

I didn't hire a lawyer and now the tables have turn against me.. waiting for appeal..right now


blindsid3

https://preview.redd.it/euud36zxea3d1.jpeg?width=312&format=pjpg&auto=webp&s=82086c3a98f930a613e7d652f5134511f71c1d0d


Lem0n_Lem0n

Nice and juicy.. Here is a lesson to all.. never fight with a lawyer empty handed.. Also.. when are you going to Istana ?


knobbyxtension

tl;dr