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Saturday, 22 January 2011

Bi-Anne’s case: Technical hitches, so video-conference aborted

PUTRAJAYA: Mediation via video-conferencing, scheduled to take place today between the parents of a 11-year-old girl caught in a custody battle, failed to take place due to technical problems.

Mediation judge Low Hop Bing subsequently fixed Jan 28 for another attempt at mediation by video-conferencing between real estate negotiator Low Swee Siong and his ex-wife Tan Siew Siew who is a London-based restaurant manager.

It is believed that the court staff were unabled to reach Tan on two e-mail addresses given by her.

The parties had earlier agreed to mediate via video-conferencing after the court was informed that Tan could not be present in court because she had exhausted her leave.

Bi-Anne has refused to be with her mother in London, who in 2008 had succeeded in getting custody of her, and has insisted to be with her father.

The couple married in 1999 and divorced in 2006 with custody of Bi-Anne given to the father.

Two years later, Tan, 37, applied for and won custody of Bi-Anne while her ex-husband was given reasonable access to their only child.

n today’s proceedings, the judge suggested to Tan’s lawyer K Bowanes to persuade Tan to facilitate a conducive mediation process in the interest of her daughter by requesting the lawyer to e-mail to the latter a philosophical piece which reads ” family peace produces boundless fortune. People in harmony personify nobility”.

The judge also requested Bi-Anne to e-mail to her mother the same but the girl told the judge in Mandarin that she did not want to do so and besides, she also did not have her mother’s e-mail address anymore.

Bi-Anne, whom the judge described as a girl with exceptional and commendable intelligence, was in tears as she pleaded to the court to waive the RM400 fine per day imposed on her 40-year old father by the High Court for delay in handing over the child to Tan.

Hop Bing said as mediation judge he could not grant a stay on the RM400 fine as requested by Swee Siong without hearing submissions from parties in the matter.

Siew Siong’s counsel Sulaiman Abdullah then suggested that Tan give her connsent to stay the fine, but Bowanes told the court that she did not have any instruction on that matter from her client.

The judge then asked Bowanes if she could get some instruction from her client from today until next Friday to which the counsel gave here assurance that she would do so.

When asked by the judge on whether Tan would be returning to Malaysia before or after the Chinese New Year celebration next month, Bowanes said Tan could not confirm due to work.

The judge had granted a one-day interim stay on Jan 28 on the RM400 fine imposed by the Kuala Lumpur High Court on Sept 13 2010 on Swee Siong for disobeying a court order that he hand over Bi-Anne to his ex-wife.

The 40-year old real estate negotiator was fined RM20,000 for contempt of court and a fine of RM400 for each day of delay in handing over the girl to Tan.

- Bernama

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