My response to MAJAPS dated 22.5.2017

Dear Datuk Seri Panglima Clarence B. Malakun,

Thank you for your long awaited response to my several emails the first of which was dated 24.2.2017 and several telephone calls to your personal secretary.

Let me just make it clear to you that this is not a matter of exacting revenge but requesting you to look into a complaint of a member of MAJAPS who has acted without integrity.

Also, I did not ask you to take action against the club in question. I don't believe you have any rights to handle the club affairs. I am sorry if I had given you any such impression.

I thought that you would be the first person I should contact, to find out what action would be taken against a JP's unbecoming behaviour. I wish you had given this reply sooner so that I could have escalated this matter to others who may have acted more promptly and effectively.

As for the Lions Club I had sent your personal secretary a Daily Express report on the matter being investigated by the police and ROS and I would not expect you or your council to act as neither you nor your council have any jurisdiction over the affairs of my former club.

I wrote to you giving details of the unbecoming act of one of your members and thought your website was serious about “All appointment and equally revocations, of JPs are required under the Act to be notified in the respective State Gazettes.”

I too had read the following: The aims and objectives of MAJAPS, among others, are to assist the members in the performance of their duties, to serve as a liaison body between MAJAPS and the government, similar associations of the Justices of the Peace in other states of Malaysia and members of the public, to aid and promote charitable, social and welfare work.

I am reporting the unbecoming act of a JP, namely Dr. Muthusamy Palanisamy. I reported to you because I thought:

i.                    A justice of the peace (JP) is appointed to keep the peace.

ii.                  A JP has fiduciary duty to stand up and act in the best interest of all party.

iii.                A JP’s duty requires that he informs himself prior to making a decision, of all material information reasonably available to him.

iv.                A JP has a ‘duty of care’ where he must assess the information with a critical eye so as to protect the interest of the parties he is dealing with and the interest of the club he belongs to.

v.                  A JP has a duty of good faith and not violate the law.

If my above understanding is wrong then please pardon me for having approached you.

In early January after making an appointment with Dr. Muthusamy I went to his clinic as requested by him to discuss about matters pertaining to an EGM to be held on 7.2.2017. I chose Dr. Muthusamy of all the members in my club as he is my friend of more than 30 years and more importantly because he is a JP. I did not seek out any other member.

Without wanting to listen to what I had to say Dr. Muthu said “Luqman, you are my friend and the club members are also my friend. As such I will like to stand neutral on this matter.” I thanked him and left his office. (Check with him for accuracy of this statement)

At the EGM held on 7.2.2017 while discussion was going on I understand that a question was raised by Datuk Kenneth Yen as to whether a ‘show cause’ letter had been handed over to me. The answer was in the negative. Despite this, Dr. Muthu had subsequently said (hearsay which you may confirm directly with him or other members) ‘Let us vote and not waste any more time discussing this matter’. Three members including Datuk Kenneth Yen abstained from voting. Dr. Muthu (JP) despite having promised to stand neutral and despite knowing that no ‘show cause’ letter was given to me voted to oust me of the club. Is this conduct not unbecoming of a JP? If you and your council are not the avenue for complaining against the conduct of a JP then who do I turn to? Please advice me.

DSP Clarence, I have been working as finance manager of several companies in Kota Kinabalu since I left Ernst &Young in 1979. I have been teaching dyslexic children since 2004 and I have successfully taught about 50 students to date. My name is in the acknowledgement page of two International books written by an American Professor. I write a blog on how to teach dyslexic kids and another blog on my club experiences. I write about my life history on Facebook so that others may benefit from my experiences. I write everything as it is with no censorship. This expulsion from my club has now put ‘a black dot on my otherwise white sheet of paper’ tainting my reputation. Many Lion members who do not know the true reason for my expulsion shun me.

For your information, I had attached a 10 page report presented to the BOD of my former club by a Past President. That 10 page report clearly shows that not one of the reasons given in the Resolution to expel me is factual. The 10 page report clearly shows that entries in the ROS had been falsified. What action did Dr. Muthu take when these facts came to light assuming he was not aware of it earlier?

On the other hand I can’t assume that he was not aware of the secret bank accounts of the club as he had remained silent when I had written to him and other members asking if there were more than the 2 accounts made known to most members. He as a JP has a fiduciary duty to uphold.

I would have thought a JP is a man of integrity and would or should have, immediately upon finding out that I had been expelled with falsified information, said something at that BOD meeting where he was present or at a subsequent meeting.

AND you and your council say in your website that people such as Dr.Muthu are fit to be magistrates?

I am writing this as an open letter as I can’t wait for another 86 days before you respond to this email like you did with my email to you dated 24.2.2017.

As I had mentioned to your secretary Ms.Melisa I hoped to be called up together with Dr.Muthu by you or your council to no avail.

Thank you and kind regards,

Luqman Michel