Court to hear Penan’s suit against Police and Malaysian Government tomorrow

 

MIRI (Sarawak) 12 October 2000 : Suit against Police and Malaysian Government filed by a group of six (6) Penan (5 men and one women) will be heard by Miri Sessions Court on 13 October (tomorrow).

 

On the 6th August, 1996, the Penans community of Long Sayan in Sungai Apoh, Tutoh, Baram in northern Sarawak put a blockade on the main logging road used by Rimbunan Hijau Sdn. Bhd., Interhill Sdn. Bhd. and Woodman Sdn. Bhd. which the Penans claimed was constructed on their customary land. The Penans further claimed that the construction of said logging road had resulted in damages done to their customary lands, crops, forest and the pollution of the rivers in and around their settlement. They lodged several complaints to the companies, the local authorities including the police but were ignored. Left with no other alternative and their complaints continually ignored, they decided enough is enough and set up the blockades.

 

On the 7th August, 1996, the manager of Rimbunan Hijau lodged a report with the police in Marudi against Penans for setting up the blockade. The Penans said at about 10.00 am on the 8th August, 1996 a police party arrived at the site of the blockade. The Penans were asked by the police party to follow them down to Marudi to meet with the District Officer (the administrative head of Baram District).

 

The Penans thought it was true so they reluctantly followed after their request to the police that the negotiation should be held at their settlement where the land in dispute is situated was turned down by the police. When they arrived in Marudi with the police party they were however taken straight to the Marudi Police Station and detained. They protested but were told by the police that they were only following orders to detain them.

 

On the 10th August, 1996, the representative of Rimbunan Hijau went to the Marudi Police Station and the Penans were brought out of the cell to meet him in the presence of the police. He negotiated and offered some settlements on the land dispute with the Penans but was rejected by the Penans. Then he left the meeting and the Penans were detained back in the cell at the police station. About 12.00 noon the same day, the Penans were brought before a Magistrate and on the application of the police they were ordered to execute a bond to keep peace for three months with one surety each.

 

Upon their release the Penans filed an appeal to the Miri High Court against the order for them to execute the bond. They felt they have not done anything wrong since the blockade they put up was on their own land. They are in fact the victims of the companies which damaged their lands, crops and pollute their rivers and therefore the police should have acted not against them but against the companies which constructed the logging roads on their customary land.

 

On 11th July 1997, The High Court at Miri allowed their appeal and set aside the order of the Magistrate. The Penans then filed this action against the police and the Malaysian Government for wrongful arrest, false imprisonment and malicious prosecution and asked the Court to award them general, aggravated and/or exemplary damages.

 

In August this year (2000), the Penans had set up another blockade in the upper Apoh-Tutoh area to stop logging companies that operate with their customary land. In September they sent a letter to the Sarawak Chief Minister requesting him to go to meet with them to discuss what the Penans said was the Sarawak Government's failure to fulfill the many promises made to them in 1987 after several blockades set up by the Penans brought loggings in the state to a halt.

 

In their said letter they warned that if the Chief Minister fails to meet with them they would be setting up the blockades again.

 

Note: We will send an update on this case again tomorrow