Simunjan OCPD Sued

KUCHING: Two activists, Numpang Anak Suntai and Nicholas Mujah Anak Ason have jointly filed a RM280,000 legal suit at the Kuching High Court against DSP Choo Yin Kok and Sgt. A. Ramlee OKK Hj. Binsin, both of Simunjan Police station for false imprisonment.

Numpang is also suing the police officers for malicious prosecution.

The Government of Malaysia is also named as the third defendant in the suit.

Apart from the RM280,000.00 claim, the plaintiffs also claim  general damages, exemplary damages and or aggravated damages to be assessed by the Court and interest thereon at the rate of 8% from October 22, 2010 to the date of judgment and thereafter at the of 8% per annum to date of full payment and realisation.

They also claim damages, costs and such further or other relief as the Court deems just.

Numpang who hails from Kpg. Bajong Ili is a retiree, while Mujah who comes from Kpg. Ensika, Sebangan is the Secretary General of Sarawak Dayak Iban Association (SADIA).

On or about October 20, 2010, Numpang was called by Corporal Hadi from the Simunjan Police Station to be present at the Police Station for a discussion.

As he was having medical treatment in Kuching at that time, Numpang agreed to go to the Simunjan Police station on October 22, 2010.

When he arrived at the Police Station at about 2.20 pm, he was informed that he was arrested for suspicion of ‘mischief by fire’ in connection with the fire that occurred at a logging camp owned a timber companies.

He was detained and was ordered to be put in the Police lock-up.

The following day (October 23) Numpang was taken before the district officer of Simunjan for a further remand and again sent to the Police lock-up and he remained imprisoned until he was released on Monday, October 25, 2010 at about 10.20 am.

He was released without making any plea or any charge proffered against him. Nor was he ordered to appear before the magistrate.

Numpang claimed that his arrest and detention was without reasonable or probable cause and therefore unlawful and illegal.

He alleged that his arrest and detention was tainted with malice.

Numpang was never charged for ‘mischief by fire’ as was informed by the DSP Choo.

DSP Choo or his officers did not have any discussion with the plaintiff or failed to interview him. Instead he was put in the Police lock-up without any valid reasons or grounds or reasonable or probable cause.

The plaintiff had suffered shame and or damages as a result of the illegal arrest and detention or false imprisonment and or the action of the first defendant and was traumatised by his experience.

On malicious prosecution against him, Numpang was asked to appear before a magistrate Court in Serian on December 15, 2010 and was charged by the Public Prosecutor for ‘criminal intimidation’ for words that he allegedly uttered to the representatives of the said companies (Quality Concrete Sdn Bhd and Loyal Billion Sdn Bhd) on October 18, 2010 at the logging camp in Rantau, Sebangan.

The case was heard before the Magistrate court in Simunjan on February 16, 2011, and on March 10, 2011 the Magistrate delivered his ruling that the Public Prosecutor had failed to establish any prima facie case against him.

Numpang was discharged amounting to an acquittal.

The Public Prosecutor appealed and after a number of postpones, the Public Prosecutor withdrew the case.

On Mujah’s case, he was at Pulau Bruit, Mukah on October 22, 2010 when he received a call from Corporal Hadi asking him to be present at the Simunjan Police Station.

Mujah presented himself at the Police Station on October 23, 2010 and was arrested at 2.20 pm for suspicion of ‘mischief by fire’ in connection with the fire that occurred at the logging camp of the two companies at Selabyu, Sebangan.

He was detained and was ordered to be put in the Police lock-up until he was not released at about 10.20 am on October 25, 2010 without any charge proffered against him nor was he ordered to appear before the Magistrate.

Without prejudice to the above, there was no reasonable ground for remanding him.

Mujah had suffered shame and or damages as a result of the illegal arrest and detention or false imprisonment and or the action of the Police officers who are under the employment of the Malaysian Government, the third defendant.

He claimed he was traumatised by his experiences.

Court orders Taib’s sister’s company to pay damages

RAZIAH TAIB MAHMUD

Pic source: http://www.freemalaysiatoday.com/2011/12/16/taibs-sister-ordered-to-pay-natives/

KUCHING:  The Kuching Court on Friday ordered the defendants including quality concrete holding, a company owned by Chief Minister Abdul Taib Mahmud’s sister Raziah to pay RM160, 000 over damages to Numpang Anak Suntai and Iban landowners of Sebangan and Sebuyau.

The other defendants were Loyal Billion Sdn Bhd, the Director of Forests and the state government.

Numpang and 14 other landowners on behalf of 276 Ibans sued the companies and the government for encroaching into 3,305 hectares of forests claimed by the natives as their native customary rights land.

Quality Concrete, which is owned by Raziah was sued as it is the licence holder, while the Loyal Billion company was the contractor.

The Forest Department, the Director of Lands and Surveys and the state government were also named as defendants.

When the case came before Judicial Commissioner Ravinthran N Paramaguru this Friday morning, lawyers for defendants told the court that the Director of Forest had agreed to exclude three areas on the western side of the timber licence (T/8473) which is within the area marked as native customary rights.

The defense counsels said that there was no more timber licence granted on any part of the area claimed by the plaintiffs as NCR land in the marked in the map which is attached to the statement of claim.

Both lawyers for the plaintiffs and defendants agreed to an amicable settlement on damages.

The natives had claimed that their land was damaged as a result of the construction of roads and extraction of timber from the land, which is not a licensed area.

They also alleged that the rivers which are important for their daily needs have been found to be polluted by the logging activities.

This had also affected their farms, hunting and fishing ground as well as their cultivated gardens.

The natives wanted the court to assess the losses and damages suffered by the people.

In consenting to the order, the judge ordered the second defendants to pay to the plaintiffs a sum of RM160,000 over damages and this consent order shall not in any way affect the plaintiffs’ claim vis a vis the 5^th defendants (Director of forest), sixth defendants (Director of Lands and Surveys) and the seventh defendants (the state government).

The judge said that the payment of the said RM160,000 is to be made payable directly to Baru Bian Advocates and Solicitors, and the first defendant (Quality Concrete) and the second defendant (Loyal Billion) shall not submit their application for renewal of timber licence over the licence area shaded yellow in the locality map annexed herewith and marked as exhibit ‘Q’.

Meanwhile, the suit by the Ibans will proceed next week against the Director of Forest, the Director of Lands and Surveys and the state government over their claims that 3,305 hectares of the forest are part of their native customary rights land.

Civil case against Taib’s sister

KUCHING: The civil case brought by Numpang Anak Suntai and Iban NCR landowners of Sebangan against Quality Concrete Holdings, a company of Chief Minister Abdul Taib Mahmud’s sister Raziah will be heard on August 8, 2011.

Included in the suit is also its contractor, the Loyal Billion Sdn Bhd. Together the two companies had allegedly encroached into the Ibans’ 3,305 hectares of forest which is part of their NCR land.

Several hundreds of millions of ringgit worth of rare species of timber had allegedly been felled from the NCR land.

The licence given to Raziah was approved by the Forest Department.

Meanwhile, last Friday the Deputy Public Prosecutor (DPP) has withdrawn his appeal against Numpang Anak Suntai, a native customary rights (NCR) land activist after the case came up before the court.

The case was supposed to be heard three times previously, but it had to be adjourned as the police failed to prepare their appeal against him.

Numpang was acquitted in March this year after Magistrate Sharizat Ismail found out that the prosecution had failed to put up a prima facie case against him for criminal intimidation.

The case which was heard in Simunjan was brought against him by the Quality Concrete Holdings and its contractor Loyal Billion Sdn Bhd.

Numpang together with six others were arrested after fire destroyed the campsite of the Loyal Billion Sdn Bhd.

In that fire, six tractors, two logging trucks, a pick-up and excavator were damaged which the company estimated to be more than RM2 million.

Numpang alone was charged.

See Chee How, who defended Numpang said the appeal case was to be heard on Friday as well as the hearing of motion to strike the appeal.

But the DPP withdrew the appeal, he said.

See pointed out that what is interesting in the case is the involvement of a police officer who has been harassing Numpang.

“The main thing about this case is why Sergeant A. Rambli bin Haji Dinsin, who is the officer in charge of the Sebuyau Police station called Numpang to come to court saying that there is a subpoena against him to attend the court.

“He must attend, otherwise they will arrest him. In actual fact there is no subpoena. And the hearing on Friday was the fourth time Numpang had to come to court without any notice from the court,” See said.

“Numpang flew all the way from Miri to come to Kuching to attend the court. He was in Miri visiting the children.

“We want to know why this Sergeant Rambli is taking that kind of personal interest in the case. He has been telling lies all this while.

“It has nothing to do with him. Why is he calling Numpang? Is it because of the background of the company?” said See, pointing out that there was no need for him to attend the court case as there was no notice from the court.

See said that Numpang has already instructed him to file a legal action against the Police in Simunjan for ‘malicious prosecution’ as well as to make a Police report against Sergeant Rambli for telling lies and threatening to arrest Numpang.

“We will lodge a Police report against the sergeant, before we sue him and claim damages,” See said.