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.

NGOs condemn the arrest of seven NCR land owners

SIMUNJAN: Four non-governmental organisations (NGOs) have condemned the Police for the arrest of an activist, four longhouse chiefs and villagers on Thursday (21 October) and described such action as an act of intimidation and abuse of power by the authorities.

”We in Borneo Resources Institute (BRIMAS) view the recent arrest of seven Ibans from Sebuyau as an act of intimidation by the authorities. We believe that Nicholas Mujah and the other six villagers are wrongly accused of mischief.

“This is not the first time that the indigenous communities in Sarawak are accused of committing such a crime.

“Why do the police only decide to act now when numerous police reports were lodged by the villagers against the encroachment of the logging company, and no action was taken then?” asked Mark Bujang, BRIMAS executive director.

Bujang called on the Malaysian Anti-Corruption Commission (MACC) to start investigating as to how the logging licence was issued to the company especially if it is true that Chief Minister Abdul Taib Mahmud's sister, Raziah Mahmud is involved.

The Natural Resources and Environment Board (NREB) should also check whether any Environmental Impact Assessment (EIA) study has been done and approved for the logging activities, said Bujang.

“We find it a bit suspicious about the burning incident when Quality Concrete logging licence is about to expire this November,” he said.

Romuald Siew, President of Jaringan Tanah Hak Adat Bangsa Asal Sarawak (TAHABAS) also condemned the arrest of the villagers.

"Our communities have been oppressed and our rights neglected and trampled upon for too long.

“This is just another example of where the rich and powerful are bullying the natives so that they can become even richer at the expense of the natives,” he said.

"We stand in solidarity with the communities in Sebuyau, and demand that the authorities would release the seven Iban villagers immediately," said Siew.

Adrian Lasimbang, President of The Indigenous People Network of Malaysia (JAOS), while condemning the arrest, said that the non-recognition of their rights to NCR land will cause the loss of biodiversity and deforestation.

Machinery and quarters burnt down

SEBUYAU: Fire on Monday afternoon (18 October) destroyed a block of two storey quarters occupied by timber workers, a store, six tractors, two logging trucks, a pick up and an excavator belonging to a logging company.

Six tractors were left in the forest, while two logging trucks, a pick up and an excavator were in the camp site when they were found to have been destroyed by fire.

The destroyed properties are owned by Royal Billion Sdn Bhd, a logging contractor of Quality Concrete Holdings. Chief Minister Abdul Taib Mahmud’s sister Raziah is a director of the company.

The amount of loss is yet to be estimated.

It is not immediately known how the fire started or who were responsible for it.

The logging company, Quality Concrete Holdings, has been in the centre of dispute after the Forest Department has given it a licence to carry out logging activities in the disputed 3,305 hectares of forests which the Ibans from six longhouses claim to be their NCR land.

When negotiations failed the Ibans have also brought their case with the Police, the district and resident offices, the lands and surveys and the Forest department.

When all these failed, the natives since last Friday have erected a blockade (see picture above) to stop the workers from the Royal Billion company encroaching into their native customary rights land.

They have also stopped a "tongkang" from loading timber that has been extracted from the disputed area.

Nicholas Mujah, one of the leaders from the six Iban longhouses, said the villagers were not aware of the fire as they have been stationed at the blockade.

He said that it could be the work of arsonists who want to put the blame on the villagers.

“The villagers who put up the blockade are about four kilometres from the camp site and they were not aware what was going on in the camp.

“It (fire) must be the work of people who want to put the blame on the villagers,” said Mujah, urging the police to carry out an immediate investigation.

Destruction of Sebangan Rain Forest in Pictures

Is the destruction of this communal forest the price you pay for supporting the Barisan Nasional? If this is so, then your communal forest, "temuda-rimba", "pulau galau" will be the next. - The Broken Shield.

Blatant disregard for Native rights

SEBUYAU: A group of villagers headed by activists Nicholas Mujah and Numpang Anak Suntai has accused the Forest Department of blatant disregard for their customary rights over their ‘pulau galau’ (communal forest) situated between Sungai Sebangan and Sungai Sebuyau when it refuses to suspend a licence issued to a logging company.

“The department has been informed by the Land and Survey department through a letter that the area is confirmed to be native customary rights land.

“Yet the forest department does not take action against the company, the quality concrete holdings, which continues to log trees in the communal forest,” said Mujah, who is secretary general of Sarawak Dayak Iban Association in a letter of complaint to SUHAKAM.

“The logging activities have destroyed a large number of our rubber and fruit trees and cash crops,” he said, pointing out that such activities will also disturb their shrines, graveyards and their sources of incomes.

He said: “The logging activities will also pollute the people’s source of drinking water as well as disturbing the habitat of some of the protected animals such as the proboscis monkeys, orang utan, hornbills, deer and peacock.”

The area is also the home of some of the rarest species of timber such as belian (iron wood) and selangan batu which fetch up to RM4,000 a tonne.

Five longhouses namely Kampung Entangor, Kpg. Sungai Ijok, Kpg. Arus, Kpg. Tungkah Dayak and Kpg. Ensika are directly affected by the logging activities.

“All these are clear violation of the rights of the villagers and environmental hazards” he said, calling on SUHAKAN to carry out an immediate investigation into the violation of human rights by the Forest Department and the company.

Meanwhile, SADIA has also received complaints that certain Penghulu and longhouse chiefs had allegedly received some “kickbacks” from the company for their cooperation.

“If this is true, then both the company and longhouse chiefs have committed corruption,” he said and urged the Resident Office of Kota Samarahan to investigate the claim.

His group, he said, would lodge a report with the Malaysian Anti-Corruption Commission (MACC) to investigate the giving and receiving of “kickbacks” as well as against the Forest Department for refusing to suspend the licence it issued to the company.

The trouble between Quality Concrete Holdings and the natives began in April this year when the company received a licence from the Forest Department to log timber in 3,305 ha of communal forests in Bukit Salbu, Bukit Birut, Bukit Bederi, Bukit Bekutu, Bukit Ijok and Bukit Sandong.

Despite their protests and blockades, the company and the forest department continue to bulldoze their way to the communal forest.

The licence is expected to expire by the end of the year.

Ibans hold peaceful demonstration

By Roselind Jarrow

(This story was first published by Free Malaysia Today and is updated and published for the readers of The Broken Shield).

SEBUYAU: Iban natives of five longhouses held a peaceful demonstration in front of Sebuyau District Office in protest against the licensing of their ‘pulau galau’ (communal forest).

About 250 of them including nine Tuai Rumah (longhouse chiefs) were carrying banners and placards while their representatives were meeting with officials of Sarawak Forest Department, Sarawak Forest Corporation, Land and Survey and Quarry Concrete Holding to settle the dispute over three pieces of forest.

A group of Police personnel was present but did not take any action.

The natives claim that the 3,305 hectares of forest between Sungai Sebangan and Sungai Sebuyau are their communal forest and part of their native customary rights land.

It is also a water catchment area supplying water to Sebangan Bazaar and surrounding villages.

But the Forest Department has given the Quarry Concrete Holding a licence to log timbers from the area where some of the rare species of timber are found.

In the meeting which was presided over by Sarawak Administrative Officer Abdul Rahman, the natives were represented by Numpang Suntai, a retired Shell senior officer and Nicholas Mujah, a local activist.

Mujah, who is also Secretary General of Sarawak Dayak Iban Association (SADIA), said that the Forest and Land and Survey officials demanded that the natives must provide proofs that the forest is their communal forest.

He said the natives will file their claim with affidavits during their next meeting this time with officials of the Land and Survey Department in Kota Samarahan on 14 July.

He said the timber company was told not to carry out its operations until the dispute is settled.

Mujah praised the Police personnel for their neutrality in the dispute.

Last week the natives invaded the campsite and confiscated keys of the company’s five bulldozers, two excavators and five lorries and handed them to the Police for safe-keeping.