S'wak natives lose landmark NRC land case

  • DAP to decide next week who will run in Bukit Gelugor by-election
    DAP to decide next week who will run in Bukit Gelugor by-election

    The DAP central executive committee will discuss candidature of the Bukit Gelugor parliamentary seat for the upcoming by-election when it meets next Monday. Its secretary-general Lim Guan Eng said party leaders have, in the meantime, been told to refrain from making any announcement on the by-election to avoid distortion by mainstream media.... …

  • Don’t forget Pakatan’s common agenda, DAP reminds PAS as hudud row escalates
    Don’t forget Pakatan’s common agenda, DAP reminds PAS as hudud row escalates

    DAP will not bow to threats and will continue to resist the implementation of hudud as it is clearly unconstitutional, a party lawmaker said today. Puchong MP Gobind Singh Deo (pic) said the party's stand on the Islamic penal law would not waver, especially as it was against the Pakatan Rakyat agenda. Gobind's father, the late Bukit Gelugor... …

  • Jalan Bukit Bintang stretch closed to traffic from today
    Jalan Bukit Bintang stretch closed to traffic from today

    The 500m stretch of Jalan Bukit Bintang between Chulan Square and Menara Worldwide will be closed to all traffic beginning today. Mass Rapid Transit Corporation Sdn Bhd (MRT Corp), in a statement today, said the closure was because of road rectification works following the detection of a depression beneath the pedestrian walkway in Jalan Bukit... …

  • KLIA2 found up to the mark, says Hisham

    The International Civil Aviation Organisation (ICAO) has found the Kuala Lumpur International Airport 2 (KLIA2) to be safe and that it meets international standards, says Acting Transport Minister Hishammuddin Hussein.   He said ICAO had prepared a preliminary technical audit report on April 18 and it had been tabled to the cabinet yesterday.   "I think we are on track and it makes me proud to say that what we have promised the public - that KLIA2 will open as scheduled - will happen," he said …

  • Dropping Tony Pua from forum will cost BN youth support, says former MCA veep
    Dropping Tony Pua from forum will cost BN youth support, says former MCA veep

    A former MCA vice-president has spoken out against the move by the Malaysia Summit Australia (MASA) Conference to drop opposition lawmaker Tony Pua from the forum, saying that it would cost Barisan Nasional crucial support from youths. In a series of tweets, Gan Ping Sieu (pic) said barring opposition leaders from the Pakatan Rakyat pact would... …

  • Search for MH370 looks set for next phase, says report
    Search for MH370 looks set for next phase, says report

    After almost seven fruitless week of searching for Malaysia Airlines flight MH370, international agencies involved in the hunt are negotiating how to manage the next phase of the operation, The Wall Street Journal (WSJ) said in a report. Malaysian and Australian officials are said to be hammering out a new agreement that will set out critical... …

The Federal Court has dismissed a crucial appeal by five native customary rights landowners, a decision which will adversely affect more than 100 similar cases. 

The three-member panel of judges led by outgoing Chief Justice Zaki Azmi made a unanimous decision to dismiss the case, brought by Bato Bagi and five others.

Bato, along with five others, are suing the state government over the loss of their lands to the Bakun dam project.

This is also Justice Zaki's last judgment. He steps down on Monday, after reaching the retirement age of 66.

Two other judges on the panel are chief judge of Sabah and Sarawak Richard Malanjum and Federal Court judge Md Raus Sharif.

Bato, whose name is now synomous with the case, was unable to hear the judgment today, as he died two months ago.

On April 26, 2008, the High Court in Sarawak dismissed the natives’ claim. The Court of Appeal subsequently upheld the High Court's decision last year.

On March 1 this year, the Federal Court granted leave for the appeal to be heard , leading to today’s decision.

        

Meanwhile, in a separate but related case, another Iban, Jalang Paran, is suing the government and a state-owned company that took over his village's land for a pulp mill project.

They are arguing that the state's acquisition of their NCR land - as provided for under the Land Code - violated their fundamental rights under the federal constitution.

LIVE REPORTS:

2.15pm: Some of the long house residents arrive at the court.

2.20pm: Lead counsel Sulaiman Abdullah arrives.

2.25pm: Baru Bian arrives and says a prayer in Bahasa Malaysia outside court, wishing for a ruling in favour of his clients because it would benefit other natives in Sarawak.

2.47pm: Justice Zaki says this is the most difficult judgment that he has ever written. It is a lengthy judgment.

He then allows Justice Richard Malanjum to read his judgment first.

3.07pm: Justice Malanjum says he dismisses the appeal, and notes that compensation had been paid.

3.08pm: Justice Md Raus says there is no need for a re-trial. He says the land seizure is not unconstitutional.       

3.10pm: Now it's Zaki's turn. He says that the issues were not properly ventilated before the court.

3.11pm: He associates his decision with Justice Malanjum and he also dismisses the appeal.

Zaki says it is unfair to make a decision without ventilating on the issues. He makes no orders to cost.

3.14pm: Sulaiman applies for no order to costs with the court. However, Sarawak legal adviser JC Foong objects.

3.17pm: Zaki decides to make no order as to costs to the court below.

Sulaiman wishes happy retirement to Zaki.

[More to follow]

Follow @YahooMalaysia on LINE for daily news updates.

Comments on Yahoo pages are subject to our link to Comments Guidelines. You are responsible for any content that you post. Yahoo is not responsible or liable in any way for comments posted by its users. Yahoo does not in any way endorse or support comments made by its users.

  • MH370 passenger’s partner tells of strange email from sacked Fox officer The Malaysian Insider
    MH370 passenger’s partner tells of strange email from sacked Fox officer

    The partner of an American passenger aboard the missing Malaysia Airlines flight MH370 has spoken about how a Fox executive who was recently sacked by the news station had contacted her offering to raise funds on her behalf. Sarah Bajc, whose partner Philip Wood is among the 239 people on board the missing plane, told the Sydney Morning Herald... …

  • My last moments with Pa: Ramkarpal Singh The Malaysian Insider
    My last moments with Pa: Ramkarpal Singh

    A week after the tragic crash that took the lives of veteran lawyer and politician Karpal Singh and his personal aide, Michael Cornelius, his son Ramkarpal recounts the final hours with his father that fateful day. This is his story, as told to V. Anbalagan, assistant news editor. “My parents (Karpal and Gurmit) had gone to Pantai Hospital... …

  • Absolute power corrupts absolutely, Dr Mahathir reminds current leaders The Malaysian Insider
    Absolute power corrupts absolutely, Dr Mahathir reminds current leaders

    Malaysian leaders have been reminded not to look down on the public’s capability to topple a corrupt government as what had happened in the Middle East during the Arab spring, warned Tun Dr Mahathir Mohamad (pic). In his latest blog posting today, the country’s longest serving prime minister said that monarchs and dictators in the Middle East... …