Families of 'missing' Orang Asli children sue gov't for negligence

Family members of the seven Orang Asli children who went missing from their boarding school in Pos Tohoi, Gua Musang, three years ago, have filed a negligence suit against the government and eight public officers.

Lawyer Gokul Radhakrishnan said in total, six suits were filed at the Kota Bharu High Court on Aug 13, seeking an undisclosed amount of damages and various declarations related to the rights of the Orang Asli.

"Basically, we filed six suits on behalf of six families. There are six families in total but seven victims, two of them (victims) are siblings.

"What they are claiming for is negligence against the government of Malaysia and eight public officers," Gokul told reporters after a press conference held by the victims' family members at Kuala Lumpur Selangor Chinese Assembly Hall today.

"The cause of action is negligence, and also the breach of statutory, fiduciary constitutional duties, and the legitimate expectation of the plaintiffs," said Gokul, the lawyer for Midah Angah.

Midah's two children, Noreen and Haikal Yaakob, were among the seven children who ran away from their hostel at SK Pos Tohoi on Aug 23, 2015. They did so out of fear of being punished by their teacher for bathing in a nearby river without permission.

Noreen, 13, and her friend, Miksudiar Aluj, 14, were the only two survivors found on Oct 9 after 47 days.

Both of them were present together with the other victims' family members at the press conference today.

Noreen’s younger brother, Haikal, died during their ordeal in the jungle, together with their friends Ika Ayel, 9, Juvina David, 7, Linda Rosli, 8, and Sasa Sobrie, 8.

All four bodies, with exception of Sasa's remains which were never found, were buried in a single grave in Kampung Penad, Gua Musang, on Oct 25, 2015.

Lawyer and activist Siti Kasim, who was also present, said earlier that a case management date has been set on Sept 18 at the Kota Baru High Court.

"We managed to file a case before the statute of limitations  expired," Siti said when asked why the civil suit was only filed after three years.

She added that the pro-bono legal team also required time to gather all information needed to file the suit.

Siti, who is a well-known Orang Asli activist, also revealed that the defendants include officers from the Education Department, the Orang Asli Development Department, and officers involved during the search-and-rescue mission.

-Mkini