Charges against me done in bad faith: Green activist

Association for the Protection of Natural Heritage of Malaysia (Peka) president Shariffa Sabrina Syed Akil contended that the three criminal charges of unlawful occupation of Pahang state land were driven by mala fide (bad faith).

The green activist raised the contention in her motion to strike out the three charges filed at the Temerloh High Court two days ago.

Back on March 15, 2022, before the Raub Sessions Court, Sabrina claimed trial to the three charges involving three lots of land in the district, with the offence allegedly committed in June of the previous year.

The land involved is alleged to have been turned into a resort area for business activities by Tanah Aina Fareena Cafe & Restaurant, Tanah Aina Fahad Glamping Resort and Tanah Aina Farrah Soraya Exclusive Eco Resort.

According to the striking out application, Sabrina claimed that prosecutors failed to consider that a separate civil court had nullified a decision (dated Feb 17, 2022) by the Raub district and land office to reject Tanah Aina’s bid for temporary occupation of the land.

The 62-year-old environmental activist contended that the charges were defective as the prosecution knew about the status of the land in relation to Tanah Aina, thus violating Section 425(1)(a) of the National Land Code 1965 (NLC).

Flawed charges

Sabrina claimed that the respondent (prosecution) knew that the temporary land occupation application was put forward and granted to Tanah Aina and not to her.

She contended that the charges are flawed under law as Section 428AA of the NLC states that any wrongdoing by a company should result in the firm being charged in court, and not its director.

“The respondent’s action to choose to file the charges against the applicant only and not Tanah Aina clearly showed the respondent’s mala fide to prejudice the applicant’s fundamental right under Article 5 of the Federal Constitution,” she said in reference to the constitutional right to life and personal liberty.

Through the motion sighted by Malaysiakini, she is seeking a permanent stay on the three criminal charges, and in the alternative for it to be struck out.

The charges against her were framed under Section 425(1)(a) of NLC which provides a maximum fine of RM500,000 or imprisonment for up to five years. She is currently out on bail.

Law firm Raj & Sach is representing Sabrina. - Mkini