The Rise and Fall (and Rise Again) of the Malaysian Court System
- Apr 1, 2021
- 10 min read
Updated: Apr 1, 2021
1 APRIL 2021
BERITA - ARTICLE
This post was originally a donor-only article, now released completely for public viewing.
This article was published on December 20th, 2020, hence text here may be outdated. An additional Section 5 is added, made on April 1st, 2021.
Some pictures and content may be distorted, updated or modified for formatting on this website. You can see the original article here.
Disclaimer:
This document is written regarding a fictional online community known as “MYS” or [MYS] Malaysia on Roblox. No means of this document is meant to represent the Malaysian court system in real life.
For certain paragraphs, links to the relevant documents are provided via footnotes or hyperlinks within the text.
Some of the photographic evidence presented may contain vulgar language.
This document may be revised in later editions so that information can be updated.
Document release date: December 29th, 2020 Last updated: April 1st, 2021 2nd Edition
Abbreviations/names: PDRM: Royal Malaysian Police/Polis DiRaja Malaysia
MAF: Malaysian Armed Forces/Angkatan Tentera Malaysia
Yiheng: Yiheng, also known as yiheng16nectar, the current Lord President of the Federal Court
MYS: Malaysia, in this document used to refer to the Roblox Malaysian community of [MYS] Malaysia
KEMENDIL: Ministry of Justice of Malaysia
PASKAL: Naval Special Warfare Forces of Malaysia/Pasukan Khas Laut
Section 1: The Creation of the Malaysian Court System
There is no written date of the creation of the courts. However, we can track it down and its creation via predictions from various sources.
The first ever possible court case in Malaysia, which is a military court case, was against Lieutenant General FrequentAustralian and Second Lieutenant Wrathstorm, where FrequentAustralian was only issued a formal warning and Wrathstorm was charged with gross misconduct and insubordination. The incident involves some sort of admin abuse and a “firefight” between the Malaysian Armed Forces and the British Armed Forces. A document of the judgement was posted by Yiheng, the current Lord President of the Federal Court, (Henceforth known as Yiheng) on September 17th, 2016 at 10:57pm, GMT+8. The location is at the Military Court in Northern Sembilan according to the game name, but was once referred by Yiheng as the “port dickson military court”. *
The Federal Constitution of Malaysia mentions the creation of the Federal Court, Court of Appeals and the High Court through sections 83 - 93A, although I am unable to track the time of creation via the document.**
The very first message on the KEMENDIL discord server (the Ministry of Justice) is on June 3rd, 2019, which is a join message by Arifafeef, who is the Prime Minister with the most re-elections. It is followed with a join message by v3q112, who is an Advocate & Solicitor at time of writing. Arifafeef was offered a magistrate position in the courts.
There is a link to a twitter of the Federal Court dating back to December 21st, 2017 by a person that is at time of writing called “Bashar al-Assad”***. He has sent out multiple advertisements for Developers, Attorneys, Paralegals, Case Managers, Administrative Assistants, Deputy Clerk of the Federal Court, Deputy Chief Justice, Eight Associate Justices, Court Security, Bailiff and Clerk of the Federal Court. I tried checking the link of the twitter that was given and it redirected to an account representing the federal court of malaysia in Roblox. It has 16 followers and is being followed by a real-life Malaysian senator by the name of Alan Ling at the time of writing.****
I have tried contacting Arifafeef who was around in 2017 if they recognize this person named Bashar al-Assad, but he does not have any answers.
From my research on the creation of the MYS courts, I have concluded that the first few court cases were all within the military courts. This is proven by Kor Polis Tenera Diraja v. Lieutenant General FrequentAustralian & Second Lieutenant Wrathstorm and Angkatan Tentera Malaysia v. Warrant Officer Class II RobloxianzPlayer, which will be talked about further in the following chapter.
For our purposes, we will assume the creation of the Malaysian courts is on September 17th, 2016, which is where the first document relating to a trial is posted by Yiheng. This is also very interesting, showing that the military courts were first implemented ahead of the civilian courts, which do not have a clear creation date.
** Federal constitution here.
*** Since the publishing of the document the individual has changed his name to TheSwissMercenary **** Link to twitter here.
Section 2: Military Courts and Attempts
As shown in the previous chapter, the first trial within the jurisdiction of Malaysia is probably a military trial. Although there is no publication date on the case, it is estimated at around September 17th, 2016 as it is the date that the publication was released to the public in the main Malaysia discord server.
After doing a bit of research, I have found out that FrequentAustralian, who was involved in a trial due to him being believed to provoke WarthStorm via Skype, managed to get away scot-free. According to the List of Prime Ministers of Malaysia on Google Sheets by Yiheng, FrequentAustralian has become the 2nd prime minister of Malaysia right after yiheng16nectar, who was the first prime minister.*
What about WrathStorm, who got court martialed and charged with gross misconduct and subordination? The only information I managed to find regarding WrathStorm is that at one point he was the CO (abbreviation for Commanding Officer) of PASKAL, which is the special operations force of the Royal Malaysian Navy.
The Angkatan Tentera Malaysia (Malaysian Armed Forces) has also done a court martial order on September 9th, 2020 according to the document publication date. This involves Warrant Officer Class II RobloxianzPlayer, who is ordered to be imprisoned for a month by Gshock269 Judge Advocate. He also ordered the disbandment of a group known as “[RMC] Royal Military College (Malaysia)” which is closed up to this day.**
From searching through the Malaysian Discord server, RobloxianzPlayer apparently has some sort of impact on the MYS community. RobloxianzPlayer was given credit for helping to build “Balairong Seri, Kuala Lumpur'' which is where honour ceremonies would take place. The place for the honour ceremonies has since been switched to the Istana Negara. In addition, RobloxianzPlayer has likely been in the armed forces before since he has provided an image for the MAF twitter.***
Despite all of this, there is one attempt in establishing civilian courts in Malaysia. As mentioned in the last chapter, a man by the name of Bashar al-Assad has attempted to recruit people for the federal court. This is proven to be an official attempt, since the admins have posted his message in a deleted channel (see last chapter) and Bashar al-Assad (now named TheSwissMercenary) also asked for the submission of cases if any.
However, this attempt has clearly failed. On January the 28th, 2018, Yiheng has announced that Malaysia’s judiciary is under the jurisdiction of the United Kingdom due to the absence of a court system in the nation-announcements channel, which is the official announcement channel of Malaysia used by the group administrators.
Sadly, the original ministry of justice twitter account has since been deleted for violating twitter rules, rendering it not possible to do an entire section on the UK courts.
There will be another attempt by a person with the name of YoshiKobayashi/ Tim- Kitazawa in late-2018. Although I am unable to find any certain date, Tim has attempted form the federal and state courts. He has made many recruitment messages in advertisement-zone, hiring federal prosecutors and state lawyers. Tim also tried to organize a case relating with harassment, which at the end did not happen. The courts eventually faded away.
However, 2019 will be a way different year for the courts.
*Link to google sheets here.
Section 3: The Magistrate System
On June the 3rd, 2020, Yiheng announced the magistrate system to come to Kuala Lumpur with a post titled “Justice for all”. Yiheng has mentioned that you do not need legal knowledge to become a magistrate as they will have the assistance of trained clerks; applicants only require to be a good character, have no extensive crime records, have decent knowledge of English and not be a police officer or civil servant. This explains the 2 courts in Kuala Lumpur version 2.9, which is probably a product of this plan. In addition to the magistrate system, a google form to apply for court cases has been officially made*. The full message can be viewed here (You must be in the MYS server to view it).
A month before the magistrate system, the very first warrants for arrests issued by the High Courts were created on the 29th and 31st of May, 2019. In MYS, arrest warrants typically are the equivalent of “Arrest On Sight” orders, where all officers are to attempt to arrest the individual(s) listed in the warrant if they spot them. Unlike in real life, officers do not require a warrant to perform an arrest but instead it is more of an order for officers to look out for criminals.**
In addition, the Penal Code of Malaysia was released during this time. It was released to the security forces on May 31, 2020. The Penal Code is one of the major laws relating with home affairs and public security. The original version is 72 pages long, showing the detail and conciseness of it.***
There has been a lot of cases during the Magistrate program, including Deputy Public Prosecutor v. GarryMorrison, Deputy Public Prosecutor v. LeeYuesheng, Deputy Public Prosecutor v. yeszain, Deputy Public Prosecutor v. BuntaFujiwara2 and Public Prosecutor v. AlirezaBeirenvand, according to the Malaysian Courts System database/Trello. Not all cases during the period was mentioned.****
One of the most unique cases during the Magistrate system and the entire history of MYS courts is the case of Deputy Public Prosecutor v. Redbulldog568, where redbulldog568 has been sentenced to death for activity detrimental to parliamentary democracy. The prosecuting advocate for this case is LushDeadlymau125, who is the current Yang Di-Pertuan Agong of Malaysia (King).
This is also when the KEMENDIL discord was founded, which was mentioned in the 1st chapter of this document.
The magistrate system envisioned by Yiheng certainly set the seeds of the current courts of Malaysia, but the magistrate plan itself did not last forever. The Courts Of Judicature Act 2020 by the 10th Government abolished the Magistrate Court as the lowest-level subordinate court, making the sessions court the lowest-level subordinate court on August 1st, 2020. In other words, the act unrecognized the magistrates and made the sessions court the lowest-level court in the system. Even though the magistrates was eventually reinstated by the 11th government under KeonVonWolffe, the magistrates is still not used as often as the session and high courts.
* Application here.
**** Database here.
Section 4: The Modern MYS Courts
We have moved on from the military courts of Malaysia to a magistrate system envisioned by Yiheng. We have moved onto the MYS courts that we have today.
During the end of the magistrate period, AviatorSG (also known as Secret_Intelligence) was the attorney general and public prosecutor with 2 deputy public prosecutors.
Ops Halau Lipas happened during 2020, which involved an operation by the security forces to combat organized crime and also for the CID, or criminal investigation department in the Royal Malaysian Police, to do mass-prosecutions for these gang members. This resulted in the case of Public Prosecutor v. DonMessWithMe4, Strawbeuri, ItsXgaming, Hafiysoldier1123ALT & HuseinAlShami.
Although the courts are now fully established, right now it is facing lots of problems. One of the problems is the long backlog of cases. Right now there are 7 cases that are awaiting approval in the Malaysian Courts System, 5 of them involving 4 or more individuals. Despite having so many cases, there are only 2 prosecuting advocates who is PROBLOXAILIEN, the public prosecutor/attorney general and SleepyROX, who is currently inactive in the prosecution. Following the recent resignation of HeinzVoltz from the position of Deputy Public Prosecutor on November 19th, 2020, the prosecution has lots of cases back-to-back. Because of this, the courts system is now very slow, some cases taking up to a month or two to process. There is no clear solution to this dilemma, because there has already been attempts to recruit more prosecutors and for more people to take the CLP/Certificate in Legal Practice, which is required to practice law in Malaysia, to no success.
In addition, all but one of the cases submitted are only up to the sessions court and the high courts, according to the Malaysian Courts System at time of writing. This shows that even after the magistrate's court is reinstated by the government of KeonVonWolffe, also known as iiSpaceRocket, it still has limited use. A potential reason might be because officers of the Royal Malaysian Police do not investigate low-profile cases due to the amount of major cases involving organized crime or possibly the general public believing that minor cases should not be reported for further investigation. Needless to say, the public and the police should still investigate these cases even if it is a minor crime to ensure that punishments are fulfilled. If the CID officers of PDRM are too occupied with major cases, they can allow officers from other units (such as the Traffic Branch if the case is related to reckless driving or high-ranking officers of the Public Security Unit for robbery or theft cases) to investigate them.
Right now organized crime is on the rise, the Royal Malaysian Police is requested for lots of warrants and the courts are overloaded. Although nothing is perfect, there certainly can be solutions to these problems.
Bonus Section 5: The Court Today
The court system in Malaysia today is different and progress has already been done to solve the problems mentioned in the last section. With the addition of new magistrates from an advertisement scheme, the lowering of required standards and the Royal Malaysian Police now submitting certain minor cases to the Attorney General's Chambers the magistrate court has begun increasing its activity.
The trend of organized crime has also decreased. Along with administrative actions on gang members who has broke any in-game rules, gangs has been disbanded and some charged. Even with the second Communist Party of Malaysia wreaking havoc for a few weeks, it has been dismantled and its members undergoing prosecution.
However, the backlog of cases still exists. There is only 2 prosecutors currently in Malaysia and the Attorney General's Chamber has been combined with the Public Prosecutor's Office, meaning that the prosecutors also have to deal with civil cases against the federal government. One may argue that for most of MYS history this has been the case, but this has an affect on neutrality. The role of Public Prosecutors should be unbiased and prosecute individuals regardless of their position, but the position of the Attorney General's chambers is biased due to its incentive on working for the federal government.
We have gone a long way from the days of the court martial being the sole court in Malaysia, but more progress needs to be made in the right direction. Prime Minister Secret_Intelligence has had conflicts with the Attorney General Nexus_Sovereignty, specifically on the Federal Judge requirement of the Attorney General position. The only way for the judicial service to develop is by cooperation and the attraction of more people into positions in the service, having polarized views will only delay the progress.
Acknowledgements
I would like to thank Shermanyap1234 for assisting me in the writing of this document, SmallGrep for the document cover and the rest of the BERITA team for proofreading and researching on this topic.
I would also like to thank Arifafeef, KeonVonWolffe/iiSpaceRocket, Shermanyap1234 (again) and all BERITA staff for assisting me in verifying collected information and providing sources regarding the early MYS courts.
This has been my first full-on document that I’ve made for BERITA, therefore there are probably a lot of grammatical errors. If there is any, please let me know by messaging me at @yaoshiiscool#9888 on Discord.
About the Author
Yaoshiiscool is a publisher at BERITA. He is also a Deputy Superintendent in the Royal Malaysian Police, being the Director of Public Relations. He was once the Superintendent of Auxiliary Police of the MyTransit Auxiliary Police and Acting Chief Secretary of the Attorney General's Chambers in Malaysia. He has made past works outside BERITA, such as “Why are Nations leaving the UN?”, “An Analysis of Politics in Malaysia” and “Responses to An Analysis of Politics in Malaysia”.
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