Sabah Heritage group hails landmark ruling

The High Court ruling granting two private citizens access to government secret documents proves that 'no one is above the law', says a Sabah NGO.

KOTA KINABALU: Heritage Sabah, a movement dedicated to preserving the last remaining traces of the state’s history, have hailed Tuesday’s High Court decision to grant private citizens the right peruse government documents relating to decisions about their city.

The sigh of relief was unmistaken after more than a month of waiting for the court to rule on the closely followed case involving the century old Atkinson Clock Tower and a controversial mixed commercial developmemt close to it.

They believe the ruling will ensure fairer and more transparent governance in Sabah.

“The decision to allow public citizens the access to view the minutes of a Sabah state government department meeting is unprecedented”, said Richard Nelson Sokial, one of the founders of the NGO.

“The Atkinson Clock Tower judicial review is fast becoming a landmark case, not just for the protection of historical sites in Sabah but also of how the process of approving development projects is done and reviewed.

“For the first time, the people of Sabah have challenged the decisions by the appointed local authorities – made behind closed doors – and asked them to be accountable for their actions.

“No one is above the law. From my understanding of the case proceedings, the defendants tried to deny the plaintiffs the right to view these documents, but failed”.

“It begs the million-ringgit question – why are the defendants so secretive (about what they said and decided at their meetings)?

“All concerned Sabahans should be following this case now. It is a matter of growing public interest and speculation,” he said.

‘Heritage at stake’

He urged the public to persevere through the lengthy court process as it is the only way to get the truth behind the controversial project near the 106-year-old clock tower.

Approval of the 16-storey development project would mean the cutting down of existing trees and the pristine hillside just a few metres from the clock tower, destroying all heritage value that the site holds for the state capital.

“Dragging the case seems to be a strategy by the defendants to diminish the plaintiffs’ case and make the public disinterested in the outcome of the court proceedings.

“Perhaps it is meant to wear out the public interest so that we will forget about this project so that they may proceed as planned.

“But we won’t let that happen. We must learn from our history, we must not make the same mistakes.”

“This past weekend has seen Malaysians from all races and ethnicities united in seeking for change and better governance.

“Why should Sabah be any different?” he said in reference to the Bersih 2.0 rally for free and fair elections on July 9.

“Our heritage is at stake. It is well within our rights as citizens to publicly ask how was the decision to ruin Kota Kinabalu’s oldest and last surviving historical landmark made and all the facts that justifies their decision.

“By awarding the right to view the minutes of the meetings held by the defendants, the public will hopefully discover who are the actual individuals involved in the shopping mall project and how it was approved before public outcry forced them to temporarily stop their activities”, he said.