15 May 2023
Topik Pada Hari Ini
> Randau Khas - Ringkasan Empat Kes Mahkamah Penting Hari Ini
> Simon Siah, Peguam bagi SAVE Rivers - Percubaan Samling untuk Senyapkan Save Rivers melalui Tuduhan
> Nick Kelesau, jurucakap Keruan - Kampung Penan Menubuhkan Blokade di Ba Data Bila sebagai Protes terhadap Aktiviti Pembalakan oleh Samling
> Rosli dari Kampung Usaha Jaya Tukau Miri - Ancaman Pengusiran dan Pertikaian Mengenai Hak Milik Tanah di Kampung Usaha Jaya Tukau
> S. Arulchelvan, Timbalan Pengerusi PSM - Seruan untuk Bertindak Memandangkan 125 Kes Salah Laku Polis Belum Diselesaikan
On Today Show
> Special Randau – Briefing on Four Significant Court Cases Today
> Simon Siah, Counsel for SAVE Rivers – Samling's Attempt to Silence Save Rivers through Accusations
> Nick Kelesau, spokeperson of Keruan – Penan Village Set Blockade in Ba Data Bila to Protest Samling’s Logging Activities
> Rosli from Kampung Usaha Jaya Tukau Miri – Eviction Threat and Dispute Over Land Ownership in Kampung Usaha Jaya Tukau
> S.Arulchelvan, PSM deputy chairperson – Calls for Action as 125 Police Misconduct Cases Remain Unresolved
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Special Randau
*Four Significant Court Cases Today*
> Samling Trial Delayed Once Again: Allegations of Illegal Logging and SLAPP Lawsuit
> The government has withdrawn its appeal against a court decision that granted permission to a Sarawak Christian woman, Jill Ireland, to use the word "Allah." The notice of discontinuance was filed in the Court of Appeal on April 18.
> Muda Requests Federal Court to Determine if MACC Has Authority to Investigate Trial Judge, Mohd Nazlan Mohd Ghazali, Regarding Alleged Violations of the Judges' Code of Ethics 2009.
> Deputy Public Prosecutor Noor Haslinda Che Seman today emphasized that the author and founder of Sarawak Report portal, Clare Rewcastle-Brown, will receive a fair trial at the Magistrate's Court in Kuala Terengganu.
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Simon Siah, Counsel for SAVE Rivers
*Samling's Attempt to Silence Save Rivers through Accusations*
Today's trial involving Samling Company has been postponed for the fourth time, with plans to resume in September. Two of the delays were due to the judge's involvement in other criminal cases, while the other delay was a result of Samling claiming insufficient evidence and requesting additional documents.Simon Siah said that, Samling Company asserts that the accusations against Save Rivers are unfounded. They claim that they sell timber after logging to foreign markets and assert that they obtained consent from local communities during the logging process. However, the reality is that the logging operation took place in March 2020, during the outbreak of the pandemic, and Samling did not consult the affected communities or obtain their consent.
During that period, the communities in the interior Baram were unaware of the events unfolding and did not approve of Samling's intrusion and logging activities. Save Rivers and The Gerenai Community Rights Action Committee (GCRAC) sent letters to Samling requesting an explanation, but Samling did not respond. Instead, they suggested that these NGOs inquire with the Malaysian Timber Certification Council (MTCC), which also failed to provide a formal response. As a result, Save Rivers sent a letter accusing Samling of encroaching upon customary lands in the interior Baram. However, Samling denies these allegations.
He said that Samling Company has filed a lawsuit against Save Rivers and its board members, alleging that their intention is to silence individuals like Peter Kallang. This is known as a "SLAPP" (Strategic Lawsuit Against Public Participation). We want to make it clear that we will respond to this accusation through our defense.
Samling is suing SAVE Rivers for allegedly defamatory statements with regards to consultations of local communities in the context of the certification process under the Malaysian Timber Certification Scheme MTCS, endorsed by PEFC International. Samling is seeking an apology, an injunction stopping SAVE Rivers from reporting community claims, and damages in the sum of 5 million ringgit or 1.1 million US-Dollar — approximately 45 times SAVE Rivers’ annual budget.-------------------------------
Nick Kelesau, spokeperson of Keruan
*Penan Village Set Blockade in Ba Data Bila to Protest Samling’s Logging Activities*
Nick informed that the Penan in Ba Data Bila (ulu Baram) have set up a Blockade in Simpang entering the village of Ba Data Bila on May 9, 2023, to prevent the Samling Logging Company from logging in their village land area. Samling Company appointed a contractor to carry out the logging works involved. But a day later after the barrier was erected. A group of residents of Kampung Ba Data Bila who support logging came and demolished the barriers involved. There was an argument and finally the party that set up the blockade gave in and their barrier was demolished. Residents object to logging because their village area (Ba Data Bila) is located within the UBFA Area and it has been agreed by the Sarawak Forest Department and ITTO that the area cannot have logging activities.
According to information from residents, the party that came to demolish the barrier came in a drunken state. They were promised a car and were given several tens of thousands in cash. They argued that the company that entered their village was only to build roads - for a period of 20 years. For Nick and the rest of the penan residents. These are all tricks to deceive and seize their land and forests. Nick is saddened by the promises of money and bonuses by the logging company. Penan people fight with each other.
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Rosli from Kampung Usaha Jaya Tukau Miri
*Eviction Threat and Dispute Over Land Ownership in Kampung Usaha Jaya Tukau*
Rosli was the first person, along with his father-in-law, to explore the land in the village in 1986. As a result, they were granted the status of a Traditional Village, Usaha Jaya Tukau Miri, by Adenan Satem when Tok Nan was the Chief Minister of Sarawak.
Consequently, the village received a government project from the Sarawak government, providing 24-hour electricity and clean water supply to the entire village. When KM Sarawak Tok Nan endorsed the village, the area was surveyed by the Department of Land and Survey to confirm the existence of the village.
Parabena obtained a Provisional Lease (PL) from the Sarawak government in 2011. This came as a surprise to the entire village when they received eviction notices from the lawyer's office, instructing them to vacate Lot 188 Zone C by May 29, 2023. There was no dialogue between the villagers and Parabena, except for a meeting attended by 11 individuals who did not inform the villagers of the purpose of the meeting.
The case started when Hj Haslan encroached on Parabena's Lot 187, leading to a lawsuit filed against him by the development company. However, due to Hj Haslan's dissatisfaction, he wants to claim compensation for his oil palm plantation using the names of the villagers from Zone C Lot 188. Many villagers are unhappy with Hj Haslan's actions, dragging the villagers of Usaha Jaya Tukau Miri into a fight, even though originally Lot 188 had no connection to the issue with Lot 187. Hj Haslan's behavior has sparked tensions, seemingly motivated by personal gain in seeking compensation if he succeeds in involving the villagers of Usaha Jaya Tukau Miri.
Mr. Rosli, a former Special Branch (SB) police officer, knows that Hj Haslan's actions are wrong. As of today, the villagers will not comply with the eviction notice they received.
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S.Arulchelvan, PSM deputy chairperson
*Calls for Action as 125 Police Misconduct Cases Remain Unresolved*
The Ministry of Home Affairs will investigate reports of 125 misconduct cases involving members of the Royal Malaysia Police (PDRM) that have not been addressed, as revealed by the MACC last week.Minister Saifuddin Nasution Ismail stated that although the number is relatively small compared to the 122,000 police personnel nationwide, it needs to be promptly addressed.
Arul from PSM commented on the issue, stating that complaints against the police have consistently been the highest compared to other institutions such as customs, immigration, and others. This was the reason behind the establishment of the Independent Police Complaints and Misconduct Commission (IPCMC) during Abdullah Ahmad Badawi's tenure, as a monitoring body. However, it appears that the PDRM has not taken any action on these complaints, leading to public concerns about who should be responsible for conducting investigations. In this case, there are two government institutions involved, and it is evident that the MACC is disappointed by the lack of response from the PDRM.
Initially, it was believed that an institution cannot effectively investigate itself, except for minor disciplinary matters. However, in more significant cases, the MACC possesses independent investigative powers. Currently, there is no information available regarding any cases where decisive actions have been taken by the authorities. The implementation of the IPCMC, which was requested by civil society groups, has not been carried out.