Logging firms withdraw application to cite villagers, lawyer for contempt

 

Two logging firms have withdrawn their application to cite eight villagers of Kampung Baharu, Jerantut and their lawyer for contempt, a Kuantan High Court was told today.

This was before judge Zainal Azman Ab Aziz made a ruling on the contempt proceedings application by the firms - Beijing Million Sdn Bhd and Rosah Timber & Trading Sdn Bhd.

"The applicants' counsel informed the Court that his clients were withdrawing their application for ex-parte leave to commence contempt proceedings," said M Ramachelvam, the lawyer representing the villagers and lawyer Charles Hector Fernandez.

"The ex-parte application (contempt proceeding) was heard before the High Court judge on April 8," he told Malaysiakini.

He said the applicants' counsel submitted that the villagers and Fernandez had committed contempt of court in issuing a letter to the Jerantut Forest Officer.

Ramachelvam said the applicants alleged this had contravened the injunction issued by the High Court against the villagers.

"We submitted that the ex-parte leave application did not comply with the legal and procedural requirements for leave to be granted to initiate contempt proceedings against the proposed contemnors," he said.

The contempt proceedings were initiated over a letter Fernandez sent to a Jerantut Forestry Office officer last December on behalf of his clients in preparation for the lawsuit.

The logging firms contend that the letter constituted a violation of the injunction they previously obtained, which bars the defendants from blocking access into the contested area.

The companies are suing the villagers for making accusations against them online about their logging activities.

They contend that they have all the necessary permits. The villagers argue that they are within their rights to protest the logging as they rely on the forest to earn a living.

Lawyer Jacob Goldie appeared on behalf of the applicants. Ong Siew Wan was present to hold a watching brief for the Malaysian Bar while senior federal counsel Mohd Azlan Shah represented the Pahang state government. - Mkini