Six charged with sedition over cow-head protest

Kuek Ser Kuang Keng
Sep 9, 09
10:02am

Twelve people were today charged for their role in the ‘cow-head’ protest at the Selangor state secretariat on Aug 28.

Of the 12, six were charged under the Sedition Act for allegedly causing racial tensions by displaying and stepping on a cow’s head during the protest.

These six also faced a second charge of illegal assembly with the remaining six.

The first six were charged under Section 4(1) of the Sedition Act, or alternatively under Section 298 of the Penal Code.

They were Ibrahim Sabri, 42, Ahmad Mahayuddin Abd Manaf, 36, Eyzva Ezhar Ramly, 35, Mohd Azmir Mohd Zain, 35, Ahmad Suhairy Zakaria, 39 and Mohd Hilmi Ni, 40.

The first two were charged with stepping on the cow’s head, the third for bringing the animal’s head while the remaining three for both bringing and stepping the cow’s head.

They can be punished up to three years jail and/or a fine of up to RM5,000.

They were part of a larger group of people who took part in the protest against the Selangor government’s decision to relocate a 150-year-old temple from Section 19 to their neighbourhood.

The six defendants claimed trial before Sessions judge Hasbi Hassan.

Deputy public prosecutor Mohd Dusuki Mokhtar asked for bail to be set at RM15,000 each while their lawyers Salehuddin Saidin and Afifudin Ahmad Hafifi wanted it reduced to RM500 each.

Justice Haslin then set bail at RM4,000 each with a guarantor. She also fixed Oct 21 to mention the case for trial.

The second charge

Later, these six and six others were charged with illegal assembly under Section 27(5)(a) of the Police Act at the Shah Alam Magistrate’s Court.

All of the claimed trial before magistrate Norkamilah Aziz.

The six who faced sedition trial was granted bail at RM300 each while bail for six others was set at RM500 each.

The case will also be mentioned on Oct 21.

Meanwhile some 20 residents of Section 23 in Shah Alam were at the court to show support for the 12.

“We are not guilty (of taking part in the protest). We are all united on this matter,” a resident told reporters.

The protest, during which two people had carried a cow’s head and uttered provocative remarks – sparked outrage among Malaysians, who called for action be taken.

After the proceedings, the residents said the bail set for the defendants is too high. They said they will launch a donation drive to raise funds.

‘New site acceptable’

In a related development, a representative of the residents said they have accepted the new relocation site – also in Section 23 – for the temple.

The new site was identified by the state government on Monday after fierce protests by the residents.

The new site is believed to be further away from the houses.

The representative also hoped the temple committee will agree to the new site.

“If the matter is solved, then we hope the Indian brothers who lodged police reports against us will withdraw their reports and this case will be dropped,” added the representative.

[Full report to follow]

Advertisements

Khalid Ibrahim promised to settle issue…

and he is doing it quickly with his team – Rodziah Ismail, Khalid Samad, PKNS Chairman and the Datuk Bandar of Shah Alam…

Published: Monday September 7, 2009 MYT 4:06:00 PM
Updated: Monday September 7, 2009 MYT 4:16:47 PM

New site for Hindu temple in Shah Alam

SHAH ALAM: The Selangor Government has identified a new, more suitable site for the relocation of the 150-year-old Sri Maha Mariamman Hindu temple in Section 19 here.

A press statement from the state government said that the new site is still in Section 23 but was more strategic and located 100m from the original relocation site and 400m from the residential area.

The state government would discuss the matter with the temple committee and look for an amicable solution acceptable to all parties, the statement said.

It said that the identification of the new site was the result of the efforts of Batu Tiga assemblyman Rodziah Ismail, Shah Alam MP Khalid Samad, Shah Alam Mayor Mazalan Md Noor and PKNS chairman Othman Omar who checked out suitable sites in Section 18, 19, 20 and 23.

The Star Online

—————————————————————————————————————————————————-

‘Cow-head’ protesters to face charges
// Sep 7, 09 6:30pm

Attorney-General Abdul Gani Patail today said that he would be charging those who took part in the ‘cow-head’ protest 10 days ago.

“I have decided to charge those who carried (the cow head) and spoke while stepping on the cow head under Section 4(1) of the Sedition Act, alternatively under Section 298 of the Penal Code,” said Abdul Gani in a statement today.

He added that all the demonstrators will also face another charge under Section 27(5) of the Police Act for illegal assembly. [see below for details of the sections]

He said that the decision was based on the investigation paper submitted by the police to him this afternoon.

“I am satisfied based on the facts and evidence gathered by the police that the demonstrators should be taken to court,” he said.

The investigation paper was the result of a two-week long police investigation into the protest which has put Malaysia on the international stage for the wrong reason after public outcry over the issue.

Abdul Gani however did not state when the charges would be preferred against the demontrators. He also did not reveal the number of people to be charged.

New site identified

On Aug 28, the demonstrators, residents of Shah Alam’s Section 23, marched to the state secretariat to protest the proposed relocation of the Sri Maha Mariamman Hindu temple from nearby Section 19.

They were reportedly unhappy that the 150-year-old temple is to be relocated in the Malay-Muslim majority neighbourhood.

The protest turned sour when several unidentified men came forward with a dismembered cow’s head and placed it in front of the building gates.

Several individuals then proceeded to spit and step upon the animal’s head while uttering threats apparently directed at Selangor executive councillor for health, plantation workers, poverty and caring government Dr Xavier Jayakumar

An attempt by the the state government to hold a dialogue with the residents last Saturday turned rowdly (photo, above) when the residents vehemently objected to the temple being relocated to their neighbourhood.

Following this the state government shelved the plan to relocate the temple but today announced that another site has been found in Section 23 for the relocation.

—————————————————————————————————————————————————-

When herd mentality ruled the day
Comment by Maria J.Dass


IF anything coherent came out of Saturday’s dialogue – if you can call it that – on the relocation of a Hindu temple from Section 19 to an industrial zone in Section 23 Shah Alam, it is this: that minority rights and peaceful discourse has lost out to mob rule.

Rowdy protestors disrupt the breifing by the panellist at the dialogue with Section 23
residents on the proposed relocation of a temple to the area. The proposal has since been
shelved due to the ‘strong’ protest.

The dialogue was meant for residents of Section 23 but in the end, it was hijacked by a mob determined to disrupt the proceedings.

The 50-odd protesters — made up of residents and non-residents — threatened to throw shoes and a chair at the state representatives which included Mentri Besar Tan Sri Abdul Khalid Ibrahim, Shah Alam MP Khalid Abdul Samad and Batu Tiga assemblyman Rodziah Ismail.

Amid the boos, insults and threats, the Selangor state reps sat through the whole two-hour session held at the banquet hall of the Shah Alam City Council (MBSA) and tried to deal with the hotheads.

This was especially evident when a resident expressed her fears that crime rate would rise if the temple was built in Section 23. In reply, Khalid Abdul Samad countered that this was precisely why a temple was needed so that Indian youth and children could have a place to congregate and where strong religious and moral values could be inculcated.

But his effort seemed futile as the rowdies were intent on disrupting the proceedings even before they stepped into the hall. It is also noted that police were conspicuously absent from the meeting, which at times threatened to turn ugly.

Rowdy protestors disrupt the breifing by the panellist at the dialogue with Section 23
residents on the proposed relocation of a temple to the area. The proposal has since been
shelved due to the ‘strong’ protest.

Social planning gone wrong

These loud protests over the temple relocation, however, fail to take into account the larger issue here — that it is a direct consequence of social engineering with poor planning on the part of the Selangor State Development Corporation or PKNS and the Shah Alam local authorities.

Just 50 years ago, large tracts of what is now Shah Alam were plantations. In the late 60s, PKNS started buying land from the Sungai Renggam estate, with a plan to build a township where 60-80% of the residents would be Malays.

As the area developed, many of the temples, some of which were more than a century old, ended up being surrounded by housing estates.

This is what happened to the 150-year-old Sri Maha Mariamman Temple in Section 19. Originally built in a sparsely populated plantation, it slowly found itself surrounded by houses. But the Section 19 house buyers claim the temple was not in the brochure when the housing project was launched, and as such want the temple to be relocated.

Similarly, Section 23 residents are using the same argument — that they would not have bought their property if they knew a temple would be located nearby.

Another key point in the issue is the relocation of a temple to a Muslim-majority area. But where one can find a non-Muslim majority area in Shah Alam?

Nowhere to go?

With nowhere else to go, the only alternative open to the state government is to relocate the temples to industrial areas within the city. But this too is no easy task as it requires that all parties — the temple committee, the MBSA, PKNS and the state government — come to an agreement.

The temple committees are understandably unhappy as sites offered are isolated and not accessible by any form of transportation. Such was the case with the Sri Maha Mariamman Temple committee, which objected to a site in a remote area in Section 22.

Now it is back to the drawing board for those involved to fix a problem which resulted from a lack of foresight by past administrators.

Saturday’s dialogue ended with the mentri besar shelving the proposal to relocate the temple to Section 23. He has also said he will meet with the Hindu community to find a solution.

At the end of the meeting, some residents from both sides of the divide shook hands with each other as they said goodbye, but the underlying tension was evident.

If anything, the encounter has forced some Hindu residents of Section 23 to take a hard look at their neighbours.

One woman said: “We have been close to our neighbours all this while and have looked out for each other, but this incident has shown how our neighbours view us and where we stand.”

Kenyataan Media: SELANGOR MAHU BATAL PERMOHONAN PEGUAM NEGARA

KENYATAAAN MEDIA

4 OGOS 2009


SHAH ALAM: Kerajaan Negeri Selangor hari  ini telah memfailkan afidavit jawapan kepada permohonan Peguam Negara Tan Sri Gani Patail untuk membatalkan satu pekeliling yang mengarahkan pegawai dan kakitangan kerajaan membantu siasatan Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)pada waktu pejabat dengan kehadiran peguam.

Afidavit tersebut telah ditandatangani oleh Menteri Besar Selangor Tan Sri Abdul Khalid Ibrahim dan difailkan di pejabat pendaftar Mahkamah Tinggi Shah Alam pada 3pm.

Afidavit yang telah difailkan mempunyai dua tujuan iaitu menentang permohonan yang difailkan oleh Peguam Negara, dan keduanya menyokong permohonan kerajaan Negeri Selangor untuk membatalkan tindakan  Peguam Negara malalui satu Saman Dalam Kamar yang juga telah difailkan pada hari ini.

Afidavit setebal 55 mukasurat antara lain menyatakan bahawa pekeliling bertarikh 28 Julai 2008 telah dikeluarkan setelah mendapat nasihat daripada Penasihat Undang Undang Negeri dan dikeluarkan bagi tujuan untuk membantu siasatan SPRM dan bukan sebaliknya.

Menteri Besar juga telah berkata dalam afidavit tersebut bahawa Peguam Negara tidak mempunyai hak memulakan prosiding (locus standi) untuk memfailkan permohonan tersebut kerana pekeliling tersebut hanya berkait langsung dengan SPRM, sebuah badan berkanun,  dan bukan Peguan Negara.

Afidavit tersebut juga memperincikan kacau ganggu yang dilakukan oleh SPRM terhadap pentadbiran Negeri Selangor dan bahawa kaedah siasatan yang diguna pakai oleh SPRM tidak mengikut lunas undang-undang sepertu siasatan melalui panggilan telefon tanpa notis, kunjungan mengejut tanpa pengenalan diri, tuntutan dokumen tanpa notis dan soal siasat saksi yang kadang kala menjangkau tempoh lewat malam.

Menteri Besar juga menyatakan bahawa pekeliling itu tidak mencabar peruntukan siasatan SPRM, tetapi  sebenarnya peruntukan di dalam Akta SPRM itu yang mencabar peruntukan perlembagaan yang menekankan hak kehidupan dan kebebasan (right to life and liberty), hak untuk mendapat khidmat guaman pilihan (right to counsel of choice) dan hak kesamarataan (right to equality).

SEKRETARIAT AKHBAR

PEJABAT MENTERI SELANGOR

Disertakan disini lampiran kenyataan media yang dikeluarkan oleh Sekretariat Akhbar Pejabat Dato’ Menteri Besar Selangor. Jika ada sebarang pertanyaan sila hubungi Setiausaha Akhbar Arfa’eza A. Aziz di talian 03-5544 7452. Terima kasih.

Hishamuddin tak boleh terus jadi Menteri

Police report made against home minister
Sep 3, 09 6:15pm

Opposition parliamentarians and non-governmental groups have lodged a police report against Home Minister Hishammuddin Hussein, demanding that he be either sacked or he resign.

Selangor executive councillor Dr Xavier Jayakumar, one of the complainants, lashed out at the minister for defending those involved in the ‘cow-head’ protest in Shah Alam last week.

“He used his status as a minister to condone the acts of the suspects who are being investigated by the police… it is very unbecoming of a minister,” he said, when contacted today.

Beside Jayakumar, parliamentarians Charles Santiago (Klang-DAP), Dzulkefly Ahmad (Kuala Selangor-PAS), Dr Siti Mariah Mahmood (Kota Raja-PAS) as well as several NGOs and individuals also signed the report at the Petaling Jaya Police District Headquarters today.

“The home minister has exonerated the offenders of all blame and has used his powers to influence the course of the ongoing investigation and the final action to be taken against the offenders.

“We ask him to step down or be sacked as minister of home affairs as he has broken the trust placed in him by Malaysians… as he is the minister in charge of the police force, this is a clear case of gross abuse of power,” said Jayakumar

On August 28, residents of Section 23 in Shah Alam had brought along a severed cow’s head, spat and stomped on it, as a sign of protest against the proposed relocation of the Sri Maha Mariamman Hindu temple from Section 19 to their neighbourhood.

The incident has escalated discontent among the Hindus primarily because cows are considered sacred.

Utter disrespect for rule of law’

It has also raised doubts over the credibility of Prime Minister Najib Abdul Razak ‘s1Malaysia’ concept, which includes fostering unity in racial diversity with allegations from several quarters of Umno master-minding the grisly event.

“This was a deliberate insult to the religious beliefs of Hindus and an attempt at creating religious hatred and ill-will in our peaceful country,” Jayakumar in his police report.

Prior to filing the police report Jayakumar, said sarcastically, “Hey, all you thieves, murderers, rapists, corrupt officials and whoever else can now turn to Hishammuddin before the AG decides what to do.”

He also raked up Hishammuddin’s past where he had waved his keris inciting bloodshed, supported the arrest of lawyers who went to defend those detained by the police, arrested 580 people for standing up for their rights to protest against the Internal Security Act and now defends a group prepared to bring about racial unrest and bloodshed.

“This shows that he has utter disrespect for the rule of law and uses his position and power for his own political gain.

“It would also be interesting to find out how MCA, MIC, Gerakan, and others in the BN are thinking or saying… do minorities have a right to pray, build a place of worship and live peacefully with other Malaysians, or do Umno and the BN prescribe that we build our places of worship in the heart of a jungle, where we will be out of sight and is safe for BN?

“We teach our children Rukun Negara, moral studies in school, but how do we explain to a child that tolerance is important when such hatred and irresponsible behaviour is supported by national leaders?” he asked.

However, he pleaded to the people to uphold the values of tolerance and goodwill, and keep calm.

Dun Selangor: Khir Toyo & lain-lain digantung

Bukan saja Khir Toyo, bahkan semua yang terlibat, termasuk kakitangan jentera kerajaan negeri Selangor yang masih berpegang pada budaya lama yang mengundang budaya kerja yang tidak sihat dan merugi kerajaan dan rakyat diteliti prestasi mereka pada masa dahulu, kini dan seterusnya.

Amatlah sukar untuk melaksanakan perubahan, sekiranya jentera kerajaan negeri amat payah menerimanya dengan penuh rela dan bersungguh-sungguh menjayakannya.
Di Perak perlantikan pegawai oleh kerajaan Persekutuan telah merencatkan perlaksanaan perubahan yang hakiki kerana resistance jentera kerajaan negeri sehingga berlakunya kemelut politik di Perak.

Sekiranya, jentera kerajaan negeri tidak mahu memahami dan menghayati perubahan yang ingin dilaksanakan oleh kerajaan baru Pakatan Rakyat, sebaiknya kakitangan tersebut meletakkan jawatan masing-masing, atau jika berdegil perlu diteliti prestasi kerja mereka dan diambil tindakan undang-undang dengan segera agar tidak melanjutkan kesia-siaan mereka memegang jawatan hanya dengan hasrat untuk mensabotaj dan menggagal segala usaha murni kerajaan negeri Pakatan Rakyat.

———————————————————————————————-

Khir Toyo suspended one year
May 19, 09 5:37pm Malaysiakini.com
The Selangor assembly’s powerful rights and privileges committee has suspended state opposition leader and former menteri besar Dr Mohd Khir Toyo for 12 months from the House.

MCPX

khir toyo and selangor state assemblyThe decision follows the Umno leader’s absence from the Balkis inquiry in March and for criticising the Selangor Select Committee on Competence, Accountability and Transparency (Selcat) in his blog.

The privileges committee also called for the suspension of Barisan Nasional assemblypersons Warno Dogol (Sabak), Isa Abdul Kasim (Batang Kali), Marsum Paing (Dengkil) and Mohamad Idris Abu Bakar (Hulu Bernam) for six months for questioning the integrity of Selcat.

State assembly speaker and committee chairperson Teng Chang Khim announced the decision after chairing the privileges committee meeting in Shah Alalm to discuss the matter.

selangor privilleges commitee meeting on allegation against khir toyo 120509 03“Khir is found guilty of contempt of the House in refusing to attend the Selcat hearing, and is suspended from the assembly for 12 months and his allowances would also be frozen during the  period.

“However, the decision would have to be tabled at the Selangor state assembly sitting scheduled in July for it to be adopted. This includes the suspension of the four other assemblypersons,” he said.

‘I will challenge it’

In an immediate reaction, the former MB told Malaysiakini that he would challenge the suspension.

“I have yet to receive the letter from the committee. I have instructed my lawyers to look into the matter and we will file an application for a judicial review to challenge the order.”

He said he had some time to review his options as the next sitting will only be in July.

“I expected this decision as they do not want me to criticise (the state government),” he said.

Khir said the latest development would not deter him from performing his duties as the opposition leader and vowed to continue voicing his opinions on the mistakes of the Pakatan Rakyat government.

khir toyo zaharah kechik selangor former mb 171208On May 12, the privileges committee summoned Khir to explain his absence at the Balkis inquiry – set up to look into an alleged abuse of state funds by the organisation of BN state representatives’ wives when the coalition was in power.

Balkis was headed by Khir’s wife Zaharah Kechik.

Also summoned were the four BN elected representatives who had also snubbed the inquiry.

During a press conference then, Teng had revealed that Zaharah would also have to answer for her absence at the Balkis inquiry.

He said that the state government had lodged a police report against her under the Contempt of the House (Selangor Legislative Assembly) Enactment 2008.

Under the enactment, Zaharah can be punished with imprisonment up to 12 months or a fine not exceeding RM5,000, or both.

Khir had previously explained his reasons for missing the inquiry. He had claimed that it was not done in a proper manner and that it should have been held behind closed doors.

May 19, 09 5:37pm Malaysiakini.com
The Selangor assembly’s powerful rights and privileges committee has suspended state opposition leader and former menteri besar Dr Mohd Khir Toyo for 12 months from the House.

MCPX

khir toyo and selangor state assemblyThe decision follows the Umno leader’s absence from the Balkis inquiry in March and for criticising the Selangor Select Committee on Competence, Accountability and Transparency (Selcat) in his blog.

The privileges committee also called for the suspension of Barisan Nasional assemblypersons Warno Dogol (Sabak), Isa Abdul Kasim (Batang Kali), Marsum Paing (Dengkil) and Mohamad Idris Abu Bakar (Hulu Bernam) for six months for questioning the integrity of Selcat.

State assembly speaker and committee chairperson Teng Chang Khim announced the decision after chairing the privileges committee meeting in Shah Alalm to discuss the matter.

selangor privilleges commitee meeting on allegation against khir toyo 120509 03“Khir is found guilty of contempt of the House in refusing to attend the Selcat hearing, and is suspended from the assembly for 12 months and his allowances would also be frozen during the  period.

“However, the decision would have to be tabled at the Selangor state assembly sitting scheduled in July for it to be adopted. This includes the suspension of the four other assemblypersons,” he said.

‘I will challenge it’

In an immediate reaction, the former MB told Malaysiakini that he would challenge the suspension.

“I have yet to receive the letter from the committee. I have instructed my lawyers to look into the matter and we will file an application for a judicial review to challenge the order.”

He said he had some time to review his options as the next sitting will only be in July.

“I expected this decision as they do not want me to criticise (the state government),” he said.

Khir said the latest development would not deter him from performing his duties as the opposition leader and vowed to continue voicing his opinions on the mistakes of the Pakatan Rakyat government.

khir toyo zaharah kechik selangor former mb 171208On May 12, the privileges committee summoned Khir to explain his absence at the Balkis inquiry – set up to look into an alleged abuse of state funds by the organisation of BN state representatives’ wives when the coalition was in power.

Balkis was headed by Khir’s wife Zaharah Kechik.

Also summoned were the four BN elected representatives who had also snubbed the inquiry.

During a press conference then, Teng had revealed that Zaharah would also have to answer for her absence at the Balkis inquiry.

He said that the state government had lodged a police report against her under the Contempt of the House (Selangor Legislative Assembly) Enactment 2008.

Under the enactment, Zaharah can be punished with imprisonment up to 12 months or a fine not exceeding RM5,000, or both.

Khir had previously explained his reasons for missing the inquiry. He had claimed that it was not done in a proper manner and that it should have been held behind closed doors.

The Orang Asli will given way, rightly by the Selangor Government

PRESS STATEMENT
22 APRIL, 2009

SELANGOR GOVERNMENT ENDS LAND ACQUISITION DISPUTE WITH TEMUAN TRIBE IN SAGONG TASI CASE

SHAH ALAM: The State Executive Councilors’ Meeting today decided to withdraw the State Government’s appeal to the Federal Court with respect to the Sagong Tasi case involving the acquisition of 38.477 acres of the Temuan tribe’s customary lands at Bukit Tampoi, Dengkil in 1995.

Accordingly, the State Legal Advisor will inform the Federal Court tomorrow of the State Government’s intention to withdraw from the case.

The State has also taken into account the concerns raised in the Court of Appeal judgment in respect of the gazette of Orang Asli land and has formed an Orang Asli Land Taskforce – which will be launched on May 4, 2009 – to address land-related issues.

The Pakatan Rakyat Government in Selangor hopes that the decision will foster a stronger working relationship needed to address all the problems of the Orang Asli who have been marginalized from mainstream development. The State Government believes in protecting the rights of indigenous peoples and will continue to treat the Orang Asli community with the respect they deserve and that should have been accorded to them from the very beginning.

TAN SRI ABDUL KHALID IBRAHIM
SELANGOR MENTERI BESAR

———————————————————————

S’gor pulls out from fighting Orang Asli case
Apr 22, 09 3:59pm Malaysiakini.com
The Selangor government has decided not to challenge the landmark court judgment which recognised the right of a group of Orang Asli to their customary land in Bukit Tampoi, Dengkil.
MCPX
In 2005, the Court of Appeal upheld the Shah Alam High Court’s judgment that Sagong Tasi and six others from the Temuan tribe be compensated under the Land Acquisition Act 1960 for the loss of their 38-acre customary land in Bukit Tampoi.

The court dismissed the appeal by the federal government, the Selangor government, the Malaysian Highway Authority (MHA) and United Engineers Malaysia Berhad (UEM) who argued that native customary and ancestral rights are not equivalent to propriety rights under common law.

Both UEM and MHA have been ordered by the court to pay damages for trespassing on the ancestral land to build a highway to the Kuala Lumpur International Airport.

The two were also ordered to pay exemplary and special damages for the harsh treatment meted out to the Orang Asli when being evicted from their land.

On hearing the judgment, 350 Orang Asli who had gathered outside the Palace of Justice in Putrajaya jumped for joy.

But their jubilation was short-lived as the four appellants have since gone to the Federal Court – the country’s highest court – in the bid to reverse the judgment.

Gov’t wants to protect their rights

But today, the executive council of the Selangor government, one of the four appellants, has decided to pull out from the case.

“Accordingly, the state legal advisor will inform the Federal Court tomorrow of the state government’s intention to withdraw from the case,” said Menteri Besar Khalid Ibrahim.

Khalid said that his state government will set up an Orang Asli Land Taskforce, to be launched on May 4, to address such land-related issues.

“The Pakatan Rakyat government in Selangor hopes that the decision (to withdraw from the case) will foster a stronger working relationship needed to address all the problems of the Orang Asli who have been marginalised from mainstream development.

“The state government believes in protecting the rights of indigenous peoples and will continue to treat the Orang Asli community with the respect they deserve and that should have been accorded to them from the very beginning.”

The federal government has argued that prior to the tribe’s settlement in Bukit Tampoi 210 years ago, the land was already owned by the Selangor sultanate and therefore they could not have held native or customary rights status.

“The decision of the Appeals Court was therefore fundamentally flawed as the status of the land, which was part of the sultanate land, was not properly considered in the judgment,” senior federal counsel Mary Lim told the Federal Court.