STATE GOVT CERTAIN TO APPEAL AGAINST FOREST RESERVE VERDICT

State Govt certain to appeal against Forest Reserve verdict

March 06, 2011Kota Kinabalu: State Attorney-General Datuk Roderic Fernandez said they will study the High Court's decision to overturn the Magistrate Court's ruling in favour of six Kg Imahit natives before deciding on the next course of action.

Roderic said this when contacted by Daily Express on Saturday.

Forestry Department Director Datuk Sam Mannan also confirmed that the department will appeal against Friday's decision.

High Court judge Datuk David Wong had allowed the farmers' appeal against conviction and sentence of a total of RM6,000 fine by the Magistrate's Court for illegally entering and cultivating in Kuala Tomani Forest Reserve in Tenom. Wong in his landmark decision held that the magistrate was wrong in saying customary rights cannot be established in a Forest Reserve.

The Magistrate, who had ruled that a native had no customary right to land gazetted as forest reserve, did not address her mind on whether the appellants could have authority to be on the land virtue of their native customary rights and also failed to determine whether the appellants did in fact possess native customary rights on the land, said Wong.

He said the Magistrate should have acquitted and discharged Andawan Ansapi, 47, Barani Ambisi, 41, Ansanam @ Azman Yapau, 52, Johndy Kawar, 25, Stanley Boyor, 33, Sarim Arus, 53, who were the appellants.

Wong allowed the farmers' appeal and set aside the Magistrate Court's order and ordered the fine imposed by the lower court be returned to them.

The six were on Nov 12, 2010 convicted on both charges by the Magistrate's Court in Tenom and were each ordered to pay a fine of RM500 or 90 days on each count allegedly committed at 4pm on Oct 30, 2009. They had paid the fine.

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'Those who destroyed homes, crops must quit'

United Pasokmomogun Kadazandusun Murut Organisation (Upko) Vice President Senator Datuk Maijol Mahap wants State Forestry Department officials responsible in the past for torching homes of natives and poisoning their crops within the forest reserve, to quit their respective posts.

"What kind of human beings behave like that? In Kadazandusun customary law, setting fire to houses and destroying crops are very serious offences.

The affected natives should have brought those responsible to the Native Court for trial," he said.

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Sabah to study NCR issue after court ruling - MUSA

“One example is the swapping of a forest reserve land in Sook in Tenom with state-owned land early last year,”