Captain (R) TZ Abidin is the lead plaintiff in the class action lawsuit re:
411188 Captain (R) TZ Abidin
vs
Chief Secretary to the Government
Secretary General Ministry of Defence
Secretary General Ministry of Finance
Director General of Public Service Department
Chief of The Armed Forces Staff Committee
Government of Malaysia
Causes of Action
Misfeasance in Public Office
Fraud
Conspiracy
Equitable principles-fiduciary and using statutes as instrument of fraud.
The suit was struck out by the Deputy Registrar and upheld by the High Court Judge Justice Wahab Patail
on 15th January 2003.
The only ground of striking out was that the suit was caught by Public Authorities Protection Act 1948
s 2 (a) known as PAPA. PAPA was repealed in England in 1954 as outdated and abusive.
The Act states:
"2. Where, after the coming into force of this Act, any suit,action, prosecution or other proceeding is
commenced in the Federation against any person for any act done in pursuance or execution or intended execution of any written
law or of any public duty or authority or in respect of any alleged neglect or defaullt in the execution of any such written
law, duty or authority the following provisions shall have effect -
(a) the suit, action, prosecution or proceeding shall not lie or be instituted unless it is commenced within
thirty-six months next after the act, neglect or default complained of or, in the case of continuance of injury or damage,
within thirty-six months next the ceasing thereof,"
The suit is now at the Court of Appeal at Putrajaya and the main thrust of the appeal is that PAPA does
not protect abuse of power by public authorities and PAPA has no application. PAPA only protects bona fide act and in good
faith and excluded acts which are intentional, bad faith, fraud, malice and conspiracy.This is going to be a major landmark
case in Malaysian judicial history.
The other plaintiffs are serving and retired army, navy and air force officers who were officer cadets on
1st August 1972 at the following military academies:
Royal Military Academy at Sandhurst United Kingdom
Office Cadets School, Portseas Australia
Indian Military Academy at Dehra Dunn
Pakistan Military Academy at Kakul
Britannia Royal Naval College at Dartmouth
Royal Military College at Sungai Besi
Naval Cadets School at Woodland, Singapore.
They were appointed as Officer Cadets before 1st August 1972 but were were commissioned after 1 st August
1972 and were caught by the draconian scheme known as TSAR or infamously known as:
Tan Sri Sheikh Abdullah Report of 1972.
They were considered as neither officers nor Other Ranks neither military nor civilians which was maliciously
wrong and deprived of their rights to higher 1st division pay and downgraded to 2nd division pay. To consider them as not
officers is a fraudulent interpretation of Malaysian Malay Regiment Enactment 1933 and borrowed British statute known
as Naval Discipline Act 1957.
The TSAR used these statutes as instrument of fraud to downgrade the Mohicans to 2nd Division officers.
They were not even consulted, heard or seen by TSAR. They were just condemned to inferior status
and nobody fought for them!
This class action lawsuit will be handled by top class barristers in due course possibly headed by a
prominent Queen's Counsel from England.
We are working hard on this arrangement.
All Mohicans ! come forward and support our noble fight for justice.
Fighting for justice is the noblest act of an officer and gentleman. Running away from it is the most
damnest act of all.
Brave, Loyal and Faithful.
