Civil
court judge Zainal Azman Ab Aziz earlier today allowed an application by
five of the six defendants, namely the federal government, the Orang
Asli Development Department (Jakoa), its director and officer, the
Pahang Islamic Religious and Malay Customs Council (MUIP).
The
other defendant, the Pahang state government, did not file the
striking-out bid but supported the other five defendants’ nullification
bids, resulting in the entire writ of summons being struck out without
it being subjected to full trial.
When contacted by Malaysiakini
tonight, the federal government’s counsel from the Attorney-General’s
Chambers (AGC), senior federal counsel Sallehudin Md Ali, confirmed the
ruling by Zainal during proceedings earlier this afternoon.
The AGC legal officer said that the civil court ordered the Orang
Asli plaintiffs to pay RM10,000 in costs to MUIP, as well as RM10,000 in
costs to be paid collectively to the federal government, Jakoa, and its
director as well as officer.
Malaysiakini is attempting
to reach out to the Orang Asli’s legal team for a response over the
matter and whether it would be appealing to the Court of Appeal.
Not civil court’s purview
Previously,
it was reported that the five defendants filed to strike out the legal
action on multiple grounds, among them that the civil action was filed
29 years after the alleged mass conversion, and thus filed out of time
per Section 2 of the Public Authorities Protection Act 1948 and Section 6
of the Limitations Act 1953.
Mechi : I feel so bad for this deprived lot. Is there justice for them? After 60+ independence, who are taking care of their needs and welfare? .They are the original inhabitants & yet we treat them this way. This is ridiculously unfair. We don't care. Malaysia will never be a decent & fair nation, by such actions. Everything is politically biased. It spelts disaster for our future. Basic human rights being manipulated & thrown out
Krabian : Religion issues is a One Way Traffic in this land. Freedom of Religion is so hard for some to respect and digest.
Redmann : The clash of the rule of law, human rights and the Federal Constitution is almost a given in our political cults. This matter should have been resolved in a Native Court. When filed as a criminal action due to threats that made the conversion necessary, the AGC will have no power to interfere under art. 145(3) Fefderal Constitution. When basic human rights to a constitutionally prtected class is denied, we see tyranny take prominence.
