Wednesday 30 March 2011

Falsely detained in Malaysia - by Shell Malaysia's acts. A call to Dato' Sri Haji Mohd Najib bin Tun Haji Abdul Razak for action.

Shell Finance Whistleblower diary

Log : Falsely Imprisioned in Malaysia with Shell Malaysia manufacturing evidence for Malaysian courts - a call to Dato' Sri Haji Mohd Najib bin Tun Haji Abdul Razak for action.


Date: 30 March 2011 
Facts:
I was suing Shell New Zealand in 2006, with my New Zealand lawyers. They found and discovered from Rudds Watts lawyers , Shell NZ lawyers, a bundle of secret emails, marked , some, strictly confidential.  Little did I know what we had discovered from Shell NZ. 


When they finally arrived in Malaysia, by courier I was in for a shock. The bundles included emails from Shell Malaysia Limited and Shell Malaysia Trading S/B and their senior managers.


One such email included the comment that 'we terminated him early'. That email was in relation to my unjust dismissal from my permanent employment with Shell Malaysia Limited. Shell Malaysia Limited is a UK incorporated company since 1911.
A true blue British Shell icon company of some 100 years.


Lets progress. The email showed that now Shell Malaysia had admitted to a 'termination' of my employment.


This is not what Court documents affirmed by Shell Malaysia have been stating for the past seven years.


In fact the Shell Malaysia Court documents stated that I was not even Shell Malaysia's employee at all.


All this because I and others in Shell Group discovered a hash pot of alleged corrupt acts in Shell run by expats based in the UK and in Singapore and Australia.


What were these pot of secret and hidden emails and actions of some of the most highest paid Brits and Yanks? And a few Aussies thrown in? 


Allegations of bribes paid to win foreign contracts for Shell Aviation business group, under the charge of Mr David Weston , CEO of Shell Aviation at that time.


Allegations of cartel activities, as found by some of the most expert Shell Group Audit members  and these pointed to Shell Aviation in a cartel with a USA Oil company - not Exxon Mobil and not Chevron to be clear. 


All such actions were a shock to me and a utter shock to other Shell Finance professionals across Shell in Asia and back into the USA.


In fact one lad, Mr John R Crossman , stated it was 'horrendous' what he had seen in the emails discussed with me. He was employed by Shell Oil in Houston Texas USA.  Today Mr John R Crossman is sitting pretty as Finance Director of Shell New Zealand. 


While I am sitting unemployed, fired, and harassed by Shell Malaysia Limited and its cronies in the Malaysian Government.


Further that having spoken with many people now I have been told by a former MP of the Government that Shell has a "MP" who is the money man and the 'fixer' of all of Shell Malaysia's problems. 


Nice to hear that from the lips of a former BN MP in front of another witness. I will not name the MP yet. But his name is now secured with overseas parties for my protection.


In this day of people seeking justice and truth and freedom from corruption  - and one only has to look at MENA, Middle East and North Africa, to see the long oppressoin and the 'power of the people' to remove entire governments over long and oppressive corruption and lack of access to independent judiciary.


It is good to see the Malaysian Government stand up and say we are no Egypt nor Tunisia. Great. That democracy is far more advanced. Great. 


Yet maybe the Prime Minister of Malaysia, Dato' Sri Haji Mohd Najib bin Tun Haji Abdul Razak, can explain to myself and my British wife and family why we have seen seven years of abuse at the hands of his Industrial Court, Police , Immigration and other Government servants directly under his control in Malaysia? 


Maybe Dato' Sri Haji Mohd Najib bin Tun Haji Abdul Razak can explain to my 10 year old daughter, why she has been banned from leaving Malaysia on 29/10/2005, why Immigration attempted to deport her mother, my British wife in 2009 onwards, and why my 10 year old daughter has been banned from all schooling, why her father has been threatened with death threats and seen police reports made being sent to Shell , as discovered by my UK lawyers and myself in 2010?


Maybe Dato' Sri Haji Mohd Najib bin Tun Haji Abdul Razak can explain why a 10 year old who was born in PJ Malaysia has never been in school in Malaysia and how that can been seen as a just and free society in Malaysia?  


I call on all Malaysians to write a petition to Dato' Sri Haji Mohd Najib bin Tun Haji Abdul Razak to explain my case to the people and to explain the actions and inactions of his Immigration, Police and Industrial Court.


I call on Dato' Sri Haji Mohd Najib bin Tun Haji Abdul Razak to explain who the Industrial Court can strike out my legal case - that has yet to be heard seven years later after filing in 2004 - and to do so on the day that I was in a government hospital following an urgent operation that the Industrial Court and its learned Chairman Mr Franklin Goonting full well knew off.


I note that the High Court of Malaysia granted a six week medical stand down  - a free judiciary - while the Government's Industrial Court , a department under the Minister of Human Resources, decided to instead not grant any six week stand down but instead set a hearing date without my knowledge and agreement and proceeded to strike out my seven year case which has never seen the light of day for a hearing proper.


Is this justice and fairness in Malaysia in the Global economy I ask the people of Malyasia? I ask  Dato' Sri Haji Mohd Najib bin Tun Haji Abdul Razak to appoint a commission of inquiry into this and other matters.


I point out that death threats were made against me by a foreigner and with my then lawyers I reported in 2003 these to the Royal Malaysian Police. There has been no case brought to public despite the said person identifying himself clearly on the tape recordings by his name and yet plainly threatening me with death while he was in Malaysia.  I ask the people of Malaysia is the professional actions that the Police of Malaysia can not track down a named foreigner and arrest him in Malaysia? Dato' Sri Haji Mohd Najib bin Tun Haji Abdul Razak why have the police not acted? 


There is the rather vital matter of Shell Malaysia's criminal breech of trust. This was the non payment of some RM56,000 of income taxes by Shell Malaysia.


On 29/10/2005 upon arriving back in Malaysia to proceed with my case I was suddenly detained at KLIA airport by Immigration with my British wife and family. At that incident I was told if attempt to leave Malaysia we will 'have problems'. Welcome to the land of the free. 


Why was I being detained when plainly the Shell Malaysia Limited company was plainly able to be arrested and served with papers for not paying my income taxes across? I was tax free as letters from Shell Malaysia plainly point out.


I made complaints to the LHDN senior CEO's assistant of investigations in 2007. No action was taken. Today I remain detained in Malaysia with my British wife and family with fear should we attempt to leave and be detained. 


Dato' Sri Haji Mohd Najib bin Tun Haji Abdul Razak is this fair? 


I further made other police reports after meeting with the Bukit Aman Commercial Crimes police in 2006. They stated that certain facts about Shell Malaysia were CBT. I made police reports. There was no investigation. My then lawyers said go back to Bukit Aman. There they , the Commercial Crimes leaders for all of Malaysia told me 'they have lost jurisdiction'. Lovely. Is this Malaysia of 2006 or some despot country? I don't know. 


But I ask Dato' Sri Haji Mohd Najib bin Tun Haji Abdul Razak is this fair? 


Further forgery was found and  police reports were made. The same result - lost jurisdiction.  Dato' Sri Haji Mohd Najib bin Tun Haji Abdul Razak is this fair? 


Further a false report was found by Shell Malaysia alleging that I was a fugitive and had run away from being deported. Such a police report fatally omits that at that time, 11/4/2003 that Shell Malaysia was subject to the Industrial Department for allegations of unjust dismissal of a company officer under section 30 of the Industrial Relations Act. 


A minor ommission maybe?  Or is this Shell Malaysia making false police reports to allow the Government of Malaysia to detain, harass and deport myself and my British wife and family.


When I approached a Minister in the PM's department more startling findings were announced. That Immigration had no record of my entry to the country nor of my British family. This is sounding much like the disappearance of the Mongolian girls entry into the country. Are we now totally wiped of the Malaysia system as being in the country?  


Dato' Sri Haji Mohd Najib bin Tun Haji Abdul Razak is this fair? 


Further I was told in recorded conversations that Immigration was a government within a government. Wow. I believed that there was one government and that had the rule of law over it to retain the peoples confidence.


Dato' Sri Haji Mohd Najib bin Tun Haji Abdul Razak is this fair? 


That Shell Malaysia had written a false and misleading letter to the Immigration department on 1/4/2003 and since that date I and my British wife and two children have been subjected to the most abusive and humilating actions of the Pusat Damansara Immigration officers for the past six years. 


Dato' Sri Haji Mohd Najib bin Tun Haji Abdul Razak is this fair? 




How bad? My wife's British passport was thrown back at me and I was told that 'she must leave the country today'. Lovely way to treat a British person detained on a false Shell Malaysia letter and detained by Shell Malaysia Limited failure to pay my taxes.


Dato' Sri Haji Mohd Najib bin Tun Haji Abdul Razak is this fair? 

That my chidren have seen me nearly arrested and detained at the Immigration offices when plainly before them was a High Court letter ordering the Immigration department to renew my visa and that of my British wife and children.

Dato' Sri Haji Mohd Najib bin Tun Haji Abdul Razak is this fair? 

I ask now that we show a key fact.

Discovery was made from Shell in the EU, European Union , using UK lawyers expert in defamation and other litigation. Here we secured in 2010, after some six months of delays on Shell's part, finally a sample of the abuse and false charges and facts put to my good name. 

That included was a letter from Bukit Aman Commercial Crimes. Addressed to Shell Malaysia "Directors" it proceeded to outlined each and every police report I had made against Shell Malaysia Limited in great detail. 

I find such actions to pass on confidential information to Shell Malaysia placed me and my family in greater danger than ever. That it has eroded all confidence in any Malaysian Police person, unfortunately as no doubt there are a great many good  ones. But I have my British wife and family to protect and have little funds to have a security guard, a driver and body guards.

Now the Malaysian government has placed me at greater risk as a Shell finance whistleblower. 

Dato' Sri Haji Mohd Najib bin Tun Haji Abdul Razak is this fair? 

I now place these on the public record for the public good of Malaysia. I have attempted to settle this matter with the relevant parties and have seen more abuse and more attacks on myself and my family.

My British wife and children and I have not left Malaysia for the past five years. We have little money and Immigration has banned us from all work. We have been reduced to poverty. 

But my God, my Christain God is a God of protection and of truth and justice. We believe in this legal matter and will not be shamed, abused, threatened and harassed into submission.

That sounds just like - what we have recently seen that poor Lybian rape victim suffer on TV -only to be taken away captive against her will. Yet clearly hers is a far more tragic case for sure. 

We ask Dato' Sri Haji Mohd Najib bin Tun Haji Abdul Razak to keep his promises of reduced corruption and a heavy hand against corruption. Dato' Sri Haji Mohd Najib bin Tun Haji Abdul Razak states 'people first, performance now'. 

It is a right time, with the middle east burning and people having secured freedoms from oppression, for Malaysia and its leader, Dato' Sri Haji Mohd Najib bin Tun Haji Abdul Dato' Sri Haji Mohd Najib bin Tun Haji Abdul Razak to now prove that indeed Malaysia is above the middle east and will act rapidly and promptly and correctly to stomp out corruption in my legal cases and acts outlined, and more so , where no time and space is here to outline.

I challenge Dato' Sri Haji Mohd Najib bin Tun Haji Abdul Razak to investigate these allegations and to act swiftly. My God is worthy of his name as one who stood up against corrupt Hebrews and Jews and was proven to be right, the truth and the just. I stand on the promises made that justice will be for those who seek it. 

I am taught to humbly submit to the authority of my God. I also pointed to humbly submit to the laws of Malaysia by my God.  

I now ask Dato' Sri Haji Mohd Najib bin Tun Haji Abdul Razak to show that Malaysia cares, is about all people in its boarders, the stranger, the poor as we now are, and the homeless as we now are. 

We have sold everything, lost everything and suffered greatly in Malaysia at the hands of Shell Malaysia  and this Government. 

We came with much hope and drive to make Malaysia a better place for Shell Malaysia and its people. We arrived from working for Shell in Switzerland , with my British wife pregnant on the belief that our second child , to be born in Malaysia would have an better life that what if we stayed in Europe and Switzerland. How wrong that decision has been. 

But to all things there is a greater purpose. Not what man sees.

Yet we now stand before Malaysia in tatters, with all money lost, with all savings lost, with our two properties in New Zealand sold off to pay for lawyers and other costs, and now with our Industrial Court case struck off by Mr Franklin Goonting. 

We have seen my mother reduced to a shambling wreck in Christchurch New Zealand over a stroke over the stresses of our continual false imprisonment at the hands of the Malaysian government and then her house destroyed in the Christchurch earthquake and now moved after yet another stroke to a nursing home, awaiting the grave. She has little hope of ever seeing my family again. 

I ask Dato' Sri Haji Mohd Najib bin Tun Haji Abdul Razak is this fair? 

When will someone decent stand up in Malaysia and address these abuses? 

Now reduced from two successful career experts to mere strangers, poor, homeless 

and with my chidldren living reduced to living on handouts in a wrecked house under threats of eviction, 


What is there that makes Malaysia good for the past 10 years? 


I put it Dato' Sri Haji Mohd Najib bin Tun Haji Abdul Razak. What would you say to my daughters , denied schooling for the past six to seven years, denied leave and denied work and dignity ? Is this the open house of Malaysia that you would walk into when you come to my house?  I ask you come and see. Malaysia has its good people. 


I ask that Dato' Sri Haji Mohd Najib bin Tun Haji Abdul Razak acts to stop this abuse and remedy my children's hearts, lives and address the abuses and corruption against my legal rights and that of my British wife.


We came here because we loved Malaysian and chose it over Singapore.


When we leave , will we feel that love again? After ten years of abuses and seeing my daughters abused and harassed and threatened with eviction, with detention and with possible death at the hands of others. 



Dato' Sri Haji Mohd Najib bin Tun Haji Abdul Razak is this fair? 

My religion - Seventh-day Adventist - is one of calling people and redeeming people. First to do this to myself. This has taught me and my family of end times and oppression. Secondly of love and forgiveness of the people who 'know not what they do'. 

We love Malaysia, its people and its hopes. It is a great nation and clearly with Gods blessing upon it. 

We have no anger on the matter. We have only a burning hope that a turning can be made away from evil to the good no matter what religion or belief. 

I believe all religions call on Malaysians to turn from the evil to the good. 

We all rejoice when that occurs whether it be one little incident or a whole city or nation. We have seen much turning from evil to good in Malyasia recently and pray for Malaysia and for our trials. 

We are awaiting our turn, our release and our joy. 

We ask Dato' Sri Haji Mohd Najib bin Tun Haji Abdul Razak to continue to lead others as an example of good. 

We seek a resolution of these pains and difficult times with urgency. 

John Johns
Kuala Lumpur
Malaysia







 
Shell Finance Whistleblower diary

Log : Suing Shell at the High Court of Malaysia,Jalan Duta.
Date: 30 March 2011
Facts:
I am sent a letter by the SAR of the High Court of Jalan Duta. This letter was copied to Shell Malaysia Limited via its lawyers, Zul Rafique & Partners of Malaysia. 

Question. How can a High Court send a letter to a party that is not party to the suit and to which is still in bound by the ex parte rules of Order 53 ?  Can a Court copy a letter to the other side when the judicial process with the Plantiff, myself, is still in the ex parte side?

I sent a letter asking the SAR on what grounds was the SAR including Zul Rafique?

The High Court of Malaysia did not reply on that matter of how a letter was copied to Shell Malaysia's lawyers when it was still ex parte and no leave granted to Shell Malaysia. 

I am still awaiting a reply from the High Court. 

Question: Is this contempt of Court by Shell Malaysia for accessing secret documents from the High Court of Malaysia when their lawyers had no leave from the High Court?

I leave it to you to decide.

End of log.

Shell Finance Whistleblower diary

Log : Suing Shell in the High Court of Malaysia , Jalan Duta.
Date: 30 March 2011
Facts:
Having filed a Judicial Review in the High Court of Malaysia on 13/1/2011. It was against the Shell and the Industrial Court of Kuala Lumpur, Court  Three , headed by the Chairman , Mr Franklin Goonting,

Not the first time I have sued these parties - as I sued them in 2007 and won in 2009, on 18/8/2009. Well I finally won after three law firms each took the case but then resigned. I leave it to you why the law firms M. A. Raman resigned. I leave it to you why the law firm Seah Balan Ravi & Company of Klang, KL, resigned. And also that firm of Rajinder Singh Veriah, of Bangsar , also resigned within two weeks of winning the case - and with giving me back my court files prepared by other lawyers. Gotta reserve all rights on that one.

Here in 2011, I was in for more surprises. A file search at High Court revealed recently that Shell and its famous lawyers, Zul Rafique & Partners, had conducted secret file searches on my Court files.

Only problem was that they did not have any leave granted to access what are 'ex parte' or without notice to the other parties - Shell. Shell had somehow accessed the High Court RKKK registry files, obtained my Court file, and obtained some 372 pages which the High Court of Malyasia kindly photocopied for them. I know as I have seen the bill and the filing receipt.

This started on the 20th January 2011. Just one week after I filed the ex parte application in the High Court.

Question - How did Shell Malaysia Limited, a UK company , get access to what are secure and private High Court files ?

The High Court only granted leave on 2/3/2011 , March , to Shell Malaysia to access files and to oppose the ex parte leave application.

Question. How did Shell Malaysia get all those confidential affidavits of mine before they had leave?

I place this valid question , in times of corruption and people seeking protection of legal rights and abuses by large corporates in the public.

John.