The Star 8 Oct 1994 – Barge which rammed into boats held

 

SATURDAY October 8 1994 THE STAR

Barge which rammed into boats held

KLANG: The Marine Department has detained a barge which rammed into several boats, including the Sultan of Selangor’s Yacht, at the Royal Selangor Yacht Club on Thursday night.

A department official said the barge, laden with iron material, was scheduled to leave the port for Singapore yesterday but its departure had to be put off following the accident in which the Sultan’s yacht Puteri Kayangan, was scratched and two boats sank. The barge also damaged several other boats and demolished the club’s pontoon.

Two of the sunken boats were removed early yesterday and the area has been cleared.

Meanwhile, club secretary S.M. Foo said a meeting was held to access the damage.

“We will only be able to make the estimation once all the affected boat owners tally their losses,” he said.

He added that a club worker who was injured was recovering, but declined to reveal his name.

The Star 8 Oct 1994 – Barge which rammed into boats held

NST 11 Oct 1992 – School Row: Trustee to Meet Association

 

School row: Trustee to meet association

PETALING JAYA, Sat. – The Selangor and Federal Territory Association for the Deaf is to meet the trustee for a Japanese philanthropist to discuss a dispute over a $6.7 million unoccupied school building along Jalan SS5D/6, Kelana Jaya here.

Association president Tan Yap said the trustee, chartered secretary Cindy Tan May Leng, contacted the association late yesterday after it had advertised in a newspaper on Friday that it would enter the building today to show its unhappiness over the issue.

“Cindy Tan said the original trustee, Hong Kong Bank, had asked her to be the trustee formic 1for the Japanese philanthropist K. Sugita, who is chairman of the Ainomichi Trust in Osaka,” he said.

Tan informed the Press yesterday of his intention of prising open the gates and doors of the school, meant for handicapped children, with the help of a locksmith at 10am today.

However, he and some 20 members were surprised when they turned up at 9.30 am today to find the gates ad doors already opened by two men who said they were acting for ht Japanese trust.

The association has claimed that the quarter hectare of land on which the school was built was originally allocated to it in 1988 and Sugita had promised to hand over the school with 20 classrooms to it.

Tan said the association later asked the State Economic and Development Corporation (PKNS) to allow the Ainomichi Trust to develop the land on its behalf.

He said the association was shocked when it later found out that it had been excluded from the agreement the PKNS signed with the Ainomichi Trust.

“The land had been given to the trust for 30 years. This is in effect gave total control of the land to the trust, leaving us out.”

Tan said earlier Sugita had promised that his trust would allow the association to use all the 20 classrooms and to pay for the teachers and other facilities.

“But after the school was competed, they only allowed us to use 12 classrooms and said we had to pay for the teachers and other facilities.”

Tan said the association then engaged a lawyer to plead its case and also met Menteri Besar Tan Sri Muhammad Haji Muhammad Taib, but the problem remained unresolved for the past 15 month.

In the meantime, about 150 deaf students have been squatting at the Bukit Nenas Convent attending lessons in 18 classrooms there.

Tan said his association had been desperately trying to contact Sugita personally to resolve the dispute, but had not been successful even though it has approached the Japanese Embassy for assistance in tracing him.

The association’s lawyer, Mr Yow Lock Sen, said a trust deed signed between Sugita and Hong Kong Bank mentioned the association as the ultimate beneficiary of the Ainomichi Trust in the country.

NST 11 Oct 1992 – School Row: Trustee to Meet Association

Please read the report in PDF for full details

12 Jun 1993

NST 11 Aug 1995 – Owner of Dog Sues Breeder for Defective Fang NSTP 29 Feb 1996 – Court Fixes Date for Doctor’s Suit Against Dog Breeder

 

NEW STRAITS TIMES, FRIDAY, AUGUST 11, 1995

Owner of show dog sues breeder for defective fang

SHAH ALAM, Thurs. – A German Shepherd with a defective left fang is at the centre of a lawsuit brought by Datuk Dr C.G.A. Fonseka, former deputy director-general of Health against a dog exhibitor and breeder.

Dr Fonseka is suing Mahinder Singh Khalsa for RM89, 000 allegedly for selling a dog named Vikkas Neigus without informing him that the dog had undergone an operation on its fang. Within less than a year after the purchase, the fang fractured, decayed and fell off.

As a result he said the dog, which he purchased for RM15, 000 in April 1991 to participate in dog shows, was not able to perform this function.

The case which came up in the Shah Alam Sessions Court today was postponed to Feb 28 next year as the judge was on leave.

A show dog without any defective tooth would be worth between RM10,000 and RM15,000.

Dr Fonseka, who is the president of the German Shepherd Club and vice-president of the Malaysian Kennel Association, said he paid Mahinder Singh RM10,000 cash and agreed to allow Vikkas Neigus to stand at stud with Mahinder Singh’s dog for five matings for the remaining sum of RM5,000

Dr Fonseka said his reputation as an exhibitor was affected and he also lost the benefit of enjoying the ownership of a champion dog and having the benefit of allowing the dog to be mated with other German Shepherds of similar standing.

The stud fees for dogs who are champions without any defects are very lucrative.

Dr Fonseka is claiming damages for breach of contract, misrepresentation and deceit.

Mahinder Singh, meanwhile, has filed a counter-claim against Dr Fonseka for not allowing the mating as agreed earlier.

He is claiming RM4,000 for stud fees and an additional RM5,200 for the subsequent three times as agreed upon.

He is also claiming general damages from Dr Fonseka for defaming him (Mahinder Singh) by writing letters dated May 31, 1992 and May 5, 1992 to him, with carbon copy to two other people – Dr Yeoh Eng Cheong and Choy Seng Kah – saying that he was a cheat, a liar, and was dishonest and greedy.

Dr Fonseka who filed a justification in response to the counter-claim said Mahinder Singh had cheated him by failing to inform him of the defective canine tooth and he had paid a high price for the dog.

Counsel Jerald Gomez is acting for Dr Fonseka while Kartar Singh is representing Mahinder Singh.

NST 11 Aug 1995 – Owner of Dog Sues Breeder for Defective Fang NSTP 29 Feb 1996 – Court Fixes Date for Doctor’s Suit Against Dog Breeder

Family Left in a Lurch by Maid

 

NST 05.04.1995

Filipina Maid Left Us in a Lurch, Teacher Tells Court

KUALA LUMPUR, Tues. – A teacher and her family went through a lot of difficulties when her Filipino maid left suddenly, the Sessions Court was told today.

Seng Hoon Kiew said the maid, Judith D. Bielza, left on the night of 12 Oct 12, 1992, and she had to send her baby girl to Kajang to be cared by her mother.

She had to commute daily to Kajang from her house in Taman Melawati, Ampang to breast-feed her baby, Send said, adding that finally she had to sell her house and shift to Kajang.

“We (she and her husband) did not want to rent out the house in Taman Melawati for fear of it being neglected by the tenant. So with heavy hear we sold it,” she said.

Seng was testifying in a suit brought by her husband, factory manager Cheong Ah Let, and their daughter Ming Ran Michiko, now about three years old, against employment agency Indophima Sdn Bhd and Beilza for breach of contract and negligence.

The father and daughter are seeking RM12,350 in special damages, general damages for breach of contract, costs and other relief.

Among other things, they claimed that Indophima had failed to keep its part of the contract signed on Jan 16, 1992, causing them problems.

The plaintiffs are represented by Yvonne Kalathini Raj while Azlan Khamis appeared for the defendants. Questioned by Yvonne, Sent said Beilza, whose duties were only to look after Ming Ren and wash the clothes, told her one morning that she wanted to go back o her husband.

“Since I was in a hurry to go out, I told her to wait till I returned and discuss the matter,” she said, adding that the maid got angry and called her stupid.

Send said when she came home Beilza insisted on leaving that night although she told her to wait until her husband came home so that they could send her to the agency.

“The maid said she could find her way to the agency and left,” Seng said, adding that she called the agency later and a staff confirmed that Beilza had arrived. 

To a question by Raj whether she had made any preparation for the maid’s departure, Seng said she had not because the maid left suddenly.

Seng said subsequently, when she called the agency, a worker told her that Beilza was working for another employer.

She then lodged a report with the Immigration Department since she was responsible for Beilza as long as she was still in the country.

To another question, Seng said some time in July 1992 she noticed that her baby was not eating well and when she questioned the maid she told her that the baby’s head was soft due to a fall about 10 days earlier.

She took the baby to the hospital and a doctor confirmed that the baby’s skull was fractured.

 

The Star 05.04.1995

Family was left in the lurch by maid, court told

Kuala Lumpur : A family was left in the lurch when their Filipino maid quit without a replacement being provided by the employment agency, the Sessions Court here heard yesterday.

Seng Hoon Kiew, 40, wife of a factory manager who is using a recruitment agency and suing their maid for breach of contract, said her family was disrupted, especially where the care of her small daughter was concerned.

She said her maid, Judith Bielza, who she took from Indophima Sdn Bhd on April 2, 1992, quit on Oct 12 the same year without a replacement being provided as promised.

Seng, a teacher, said that as a result, her family faced many problems and had to make the “bitter” decision to sell their house to move to her mother’s house in Kajang.

Seng, who previously lived in Taman Melawati, said she contacted the agency when Bielza, 29, quit and was told by the agency’s officer that she would be replaced by another maid whose service had been terminated by another employer.

She was testifying in a summons case brought by her husband, Cheong Ah Lek, and their daughter, Michiko Cheong Ming Ren, Three, against Indophima and Bielza for special damages of RM 10,550 and RM 1,800 respectively.

They claimed that the agency had filed to honour the agreement by allowing Bielza to work for another employer which was in breach of the agreement and conditions of the work permit approved by the Immigration Department.

In its statement of defence, Indophima denied allegations and said there was no provision for the RM 2,000 deposit to be refunded.

Examined by counsel, Yvonne Kalathini Raj, Seng said the maid left when she returned from work after informing them in the morning that she wanted to return home.

She said that after that she had to shuttle between her school in Ulu Klang and her mother’s house because she was breast-feeding Michiko who was a baby then.

She said that while under Bielza’s care, Michiko suffered a fractured skull as a result of a fall and she was only informed the incident 10 days later when her daughter cried constantly.

She said that when she contacted Indophima for a new maid, she was informed that Bielza was still in the country and working for another employer.

Cross-examined by counsel Azlan Kamis, for Indophima, Seng said she was not informed by the agency’s officer that Bielza, who she had chosen through biodata provided by the agency, had reported that her husband had tried to molest her.

The hearing continues on 15.06.1995.

 

Agensi didakwa langgar perjanjian

KUALA LUMPUR, Selasa – Seorang guru hari ini memberitahu Mahkamah Tengah di sini bahawa pembantu rumahnya dari Filipina, tidak menjaga bayinya dengan baik sehingga anaknya dimasukkan ke hospital kerana dipercayai terjatuh.

Seng Hoon Kiaw, 40, berkata bayinya yang berusia beberapa bulan ketika kejadian itu belaku pada Julai 1992, mengalami keretakan di kepala dan dimasukkan ke hospital dan saraf.

Menurutnya, dia tidak mengetahui mengenai kejadian itu sehingga pembantu rumahnya, Judith D Bielza, memberitahunya hal itu sepuluh hari kemudian.

Hoon Kiaw berkata, pada 12 Oktober 1992, ketika dia bersama suaminya, Cheong Ah Lek, bersiap untuk pergi kerja, Judith memberitahu bahawa dia hendak berhenti kerja kerana mahu balik ke Filipina.

“Saya menyuruh dia tunggu sehingga kami balik kerja untuk berbincang tetapi pembantu rumah itu marah dan berkata kamu, Puan Cheong sangat bodoh,” katanya.

Hoon Kiaw berkata demikian dalam perbicaraan kes tuntutan saman Ah Lek dan Cheong Ming Ren (anak Ah Lek) terhadap agensi pembawa masuk pembantu rumah luar negeri, Indophima Sdn Bhd dan Judith.

Mereka mendakwa Indophima melanggar perjanjian kontrak sehingga menyebabkan plaintif (Ah Lek dan Ming Ren) mengalami pelbagai masalah, kesulitan dan kerosakan.

Perbicaraan yang dijalankan di hadapan Hakim Kamardin Hashim akan bersambung 15 Jun ini.

 

Family Left in a Lurch by Maid

The Sun 25 Aug 2001 – ‘No Abuse at Mercy Homes’

 

The Sun

Saturday August 25, 2001 

‘No abuse at homes’

Witnesses refute allegations at Suhakam hearing

KUALA LUMPUR, Fri: Thirteen people refuted allegations of abuse and neglect made against Mercy Welfare Society at a Human Rights Commission (Suhakam) hearing today.

Society president Indra Shan, who was summoned by the commission, did not testify, but the four-hour session heard the testimonies of 26 witnesses.

Maureen Barthelot, who has known Indra for a year, said: “I can say with certainty that there has been no physical abuse of any of the residents, including the children.

“The conditions in the homes can be improved if there are sufficient funds and more organized help.”

She said she solicits funds for a variety of charitable organizations and always thoroughly investigates the background of these organizations.

On July 13, The Sun reported that 16 children had been rescued from the home by ex-volunteers because they had been abused and neglected.

The children, as well as mentally ill adults and the elderly at the society’s six homes, were allegedly under-fed, physically and mentally abused and imprisoned.

Suhakam has conducted two hearings to date on the case, during which testimonies were given by ex-volunteers, the children who formerly lived in the home, their parents, the Social Welfare Department and the Registrar of Societies.

At today’s hearing, Indra arrived with her son Daniel Paul and four lawyers.

One of them, Jerald Gomez, got into a disagreement with ex-volunteer G. Rajasingham, also a lawyer, over points of law.

Inquiry chairman Prof Datuk Hamdan Adnan had to remind them that this was not a court trial and threatened to remove them if they continued interrupting.

Another witness, Sitivinaganan Vadivelu, who has known Indra for five years, said he used to provide transport whenever the president wanted to pick up people who were sick, dirty and hungry from the streets.

“I have on many occasions driven these people with Indra to the Kuala Lumpur Hospital for whatever medical treatment that the hospital was willing to give.

“My wife and I also spend time with the residents almost every fortnight, talking to them and I often buy provisions for them. The residents have never complained of any abuse or neglect,” Sitivinaganan said.

Kindergarten principal Ammini Cherian Verghese, who taught some of the children for two weeks, refuted claims that the children were fed rotten food.

“I observed that these children had good snacks every day, like butter cookies, wafers and buns. They were well-fed, well-looked after, very active children,” Ammini said.

 

‘Mercy not run according to registrar’s requirements’ 

KUALA LUMPUR, Fri: The secretary of Mercy Welfare Society admitted today that the home has not been run according to requirements of the Registrar of Societies.

Earnest Miller told the Malaysian Human Rights Commission inquiry that the welfare home started as a church project supported by well-wishers.

Although it was registered as a society in April 1999, Mercy Welfare Society opened a bank account only last September, he said.

“Sometime in August, there were some good articles about us in the papers and donations came in. That was when he realized how serious this was becoming, so we opened an account and put the money there,” he said.

Miller said society president Indran Shan had always been open to the public about her accounts.

He said the accounts are being audited by an independent auditor.

“We have since October 2000 until June collected approximately RM68,000 and have spent approximately RM45,000 up to June 2001, and almost all of it to date.”

He said food stocks and money at the home would last up to only next month.

“After that we will have to close the homes and send the people back to the streets.”

He said publicized allegations of abuse and neglect made against the home by former volunteers had destroyed its reputation.

“People have stopped sending food or aid to the society and the homeless residents.”

 

We will insist ministry follows procedures, says Hamdan

KUALA LUMPUR, Fri: Suhakam member Prof Datuk Hamdan Adnan criticized the parliamentary secretary to the National Unity and Social Development Ministry today for saying that Suhakam’s inquiry into the Mercy Welfare Society has no bearing on government action.

“He can say what he wants. We only insist that he follows the procedures when deciding whether the society’s application to register as a home should be approved.

“If he doesn’t follow procedures, we can ask him in parliament later why the ministry did not follow Suhakam’s recommendations,” he said, responding to Datuk S. Veerasingam’s comments yesterday.

Veerasingam had said that the results of Suhakam’s inquiry will not influence the ministry’s approval or rejection of the application.

Hamdan responded after a hearing into allegations of abuse and neglect made against Mercy Home.

Regardless of the results of the inquiry, he said, the effect is that the welfare system in the country must be reviewed.

The Sun 25 Aug 2001 – ‘No Abuse at Mercy Homes’

Sin Chew Daily 3 Sept 2005 Malay Mail & Kosmo 3 Sept 2005

 

The Malay Mail

SATURDAY/SEPTEMBER 3, 2005

Partially-blind hawker sues KL Monorail

KUALA LUMPUR: A partially-blind hawker yesterday sued the companies handling KL Monorail to claim for damages as he alleged that they neglected to ensure that the KL Monorail trains were safe for use by the disabled people.

Mohammad Sohod Mokri, 44, from the Sri Selangor Flats, Jalan San Peng claimed that he had fallen onto the monorail track as he was getting out of a monorail coach at 9.15pm on Feb 18, 2004.

He said assistance to get him off the monorail track only came 10 minutes later.

The write of summons was filed at the Sessions Court Registry yesterday through Messrs Jerald Gomez & Associates.

Mohammad Sohod named Monorail Malaysia Tchnology Sdn NBhd (the designer for the KL Monorail coaches), KL Monorail Systems Sdn Bhd (the company that assembled and handled KL Monorail), Mtrans Holdings Sdn Bhd (the company that managed the KL Monorail System) and the Director-General of Railways as defendants.

Monorail Malaysia Technology and KL Monorail Systems are subsidiaries of Mtrans Holdings Sdn Bhd.

In his statement of claim, Mohammad Sohod alleged that he had boarded the train from the Tun Sambathan Station to Hang Tuah Station on the day of the incident.

Due to the fall, Mohammad Sohod claimed that both his feet were swollen and fractured. – Bernama

 

KOSMO Sabtu 3 September 2005

OKU saman monorel

KUALA LUMPUR – Seorang ahli perniagaan buta menyaman Syarikat Monorail Malaysia technology Sdn. Bhd. selepas dia terjatuh ke landasan Monorel tersebut pada tahun lalu.

Plaintif, Mohammad Sohod Mokri, 44, menuntut ganti rugi kerana didakwa syarikat tersebutc uai dan gagal memastikan pengguna Monorel adalah selamat untuk digunakan oleh orang kurang upaya (OKU).

Beliau juga menyaman KL Monorail Systems Sdn. Bhd., Mtran Holdings Sdn. Bhd., dan Ketua Pengarah Jabatan Keretapi sebagai defendan ketiga, kedua dan keempat.

Mohammad Sohod memfailkan writ saman itu melalui firma guaman mewakilinya, Tetuan Jerald Gomez & Associates di Pejabat Pendaftar Mahkamah Sesyen (Bahagian Sivil) di sini pagi semalam.

Dalam pernyataan tuntutan, Mohammad SOhod mendakwa pada pukul 9.15 malam, 18 Februari tahun lalu, dia telah menggunakan sistem KL Monorail dari stesen Monorail Tun Sambanthan ke Stesen Monorail Hang Tuah.

Sampai di stesen tersebut, beliau yang mahu keluar dari gerabak Monorel telah terjatuh ke atas landasan monorel semasa menyusul pagar (railing).

Bantuan untuk mengeluarkannya juga didakwa lambat sampai iaitu kira-kira 10 mint selepas kejadian.

Akibat kelalaian defendan-defendan, beliau mengalami kecederaan iaitu lebam dan keretakan pada kedua-dua belah kaki, kecederaan kekal serta kehilangan upaya untuk bekerja.

Beliau mendakwa kejadian itu berlaku akibat ketiadaan langkah-langkah keselamatan serta kelalaian defendan-defendan atau ejen-ejen mereka yang menguruskan Monorel dalam memastikan ia selamat untuk digunakan terutamanya bagi OKU.

Oleh itu, selain ganti rugi am dan khas, Mohammad Sohod juga menuntut faedah empat peratus terhadap ganti rugi khas, faedah lapan peratus ke atas ganti rugi am, faedah lapan peratus dari tarikh penghakiman, kos dan lain-lain relif.

 

Sin Chew Daily 3 Sept 2005 Malay Mail & Kosmo 3 Sept 2005

4 Jan 2008 Resort Operator Sues Council

 

NST Friday, January 4, 2008

Resort Operator Sues Council

KUALA TERENGGANU: A resort operator here is suing the municipal council for RM4.5 million for tearing down part of its premises in August last year.

The suit against the city council was filed at the High Court here on Dec 30.

In its writ of summons, Redang Beach Resort claimed that the demolition of Phase Two of its resort was carried out in full view of its international guests who were rudely chased out with no time given to allow the guests to remove their belongings.

The resort’s general manager, Vincent Lieu, said this had tarnished its image. The writ also stated that the council acted contrary to the rules of natural justice when it did not allow the resort to present its case before the demolition.

Lieu also said the grounds for rejection of Phase Two of the resort was not given, and therefore, the resort could not amend its application, which he had submitted to the council on several occasions.

Lieu said the sum claimed included damages for construction-related losses, refunds for its customers, loss of profit and estimated losses up to 2009.

He is also seeking additional compensation for loss of reputation as well as aggravated and exemplary damages.

Kuala Terengganu Mayor Datuk Mat Razali Kassim could not be reached for comment.

 

4 Jan 2008 Resort Operator Sues Council