The court yesterday upheld a magistrate’s decision to reject a criminal charge against 14 Iban from a longhouse in Bintulu Division Rumah Nor, for allegedly occupying state land illegally.
After hearing submissions by their lawyer Baru Bian and the deputy public prosecutor, judge Sunggau Gunting rejected the prosecution’s appeal against the lower court’s decision.
The judge said doubts had been raised as to whether the 14 had committed a criminal offence under Section 209 (1)(a) of the Land Code of Sarawak on May 20, 1998, when they allegedly occupied ‘without authority’ the state land within the proposed Bandar Samarakan township.
Baru Bian later told Malaysiakini that the High Court’s decision was not a surprise because NCR claims can extend to state land.
The group was charged in the Bintulu Magistrate’s Court on Feb 29, 2002. They claimed trial on grounds that they held NCR for the area where they had built farm huts. They said this was within their pemakai menua (territorial domain).
During the proceedings, their lawyer cited a related Court of Appeal judgment in the Nor Nyawai civil case. The respondent lost the case, but the court recognised that parts of the contested land was under NCR and therefore should be accorded to indigenous peoples.
The Nor Nyawai judgement reads: “The balance of 17,227 acres is not contested by the appellants (therefore should be considered) as being under native customary rights."
During the criminal trial, the 14 accused maintained that their huts were built within the stipulated area, although a prosecution witness had disputed their claim.
The testimony did not distinguish the NCR and non-NCR areas sufficiently for the magistrate, who then freed the accused without calling for their defence on May 25, 2006.
This led to the prosecution filing an appeal. However, after yesterday’s decision in the High Court, there has been no indication of a further appeal.
Since being freed, the 14 have sued the Sarawak government for malicious prosecution and for damages due to demolition of some of their huts.
According to their lawyer, the civil case is pending in the Bintulu Sessions Court and is expected to proceed soon.
Congratulation to Baru Bian, Sarawak PKR Member
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