[UPDATED] Raub durian farmers remanded two days

KUALA LUMPUR – The 18 durian farmers in Raub, Pahang will be remanded today and tomorrow following the police application today, said Tras assemblyman Chow Yu Hui’s lawyer.

Chong Kar Yan told The Vibes this after their appearance in Raub court at 11am.

The Raub magistrates’ court has ordered a two-day remand after 18 individuals were detained yesterday over a scuffle with the state Forestry Department.

Chong added that the authorities had applied for a four-day remand.

“These 18 people are being investigated under Section 47 of the Forestry Act.”

The provision prohibits the entry of persons into “closed forests”.

If found guilty, an individual would be liable to a fine not exceeding RM10,000, a jail term not exceeding three years, or both.

“We submitted to the court that they (the authorities) were infringing the court order,” Chong said.

Asked if they would be taking any civil action due to the alleged flouting of the interim orders by the authorities, Chong said they will wait for instructions from the clients.

Meanwhile, Sg Pelek assemblyman Ronnie Liu was also present at the Raub courthouse today, and told The Vibes that he was harassed by police and nearly arrested.

“They were hostile towards me, as I was hostile to them too. But they were shouting at supporters who waited for the 18 farmers.

“We were going to disperse anyway, but one of the officers used his hands to push me. No one noticed because it was discreet,” Liu told The Vibes.

He added that since the authorities involved were forestry officials, they should be held responsible for this alleged “contempt”.

Earlier, Chow was released on police bail at about 1.30am while the durian farmers in Raub, Pahang remain in custody over their ongoing stand-off with the state government.

In his Facebook post early this morning, the DAP rep was detained yesterday evening under Section 186 of the Penal Code for obstruction of a public servant in the discharge of his public functions.

Police applied for remand for the 18 farmers today, who were detained allegedly for trespassing, said Save the Musang King Alliance (Samka).

Before 9.30am today, Samka said it was informed by the Pahang Forestry Department that the remand application for the farmers is scheduled at 11am today.

According to a video posted by Samka, the farmers are held under Section 47 of the National Forestry Act 1984, which carries a maximum of three years jail sentence or a fine up to RM10,000.

The alliance representative added that lawyers will be at the Raub courthouse at 9am.

In a separate video, Samka alleged that authorities had cut down some of their durian trees.

Over the weekend, the group alleged that enforcement authorities had set up blockades at the entrances and exits of their durian farms in Tras.

Ten vehicles from the Forestry Department and a Federal Reserve Unit escort are involved in the roadblocks, preventing the farmers from collecting produce at their farms.

At the scene was Chow and Samka president Wilson Chang, who questioned the actions of the police force.

Samka said in a statement that police claimed that they are following instructions from higher-ups.

The Court of Appeal had earlier this year granted a stay of execution against any enforcement or eviction towards 204 durian-growers in Raub, Pahang, but that was not enough to prevent police from setting up roadblocks at their farms.

Present was a government official named Saifullah, who argued that the authorities are not conducting their operations in the restricted areas as stipulated by the Court of Appeal, the statement added.

“Today's operation was (on the instruction of) the Pahang menteri besar, and the officer-in-charge argued that he has no authority to call off the enforcement.

“The negotiation between the two sides entered a deadlock. Chang led the durian farmers to lodge a report against the state government for disregarding the court order.”

Based on the press statement, it is understood that these blockades are implemented in the entire Tras district, and involves six major durian farms – Sg Chalit, Sg Chetang, Sg Klau, Sg Ruan, Tras, and Sang Lee.

Last year, 204 durian farmers challenged eviction notices at the Kuantan High Court via a judicial review, but their applications were dismissed on December 23.

They challenged the decision at the Court of Appeal, and were granted a stay of execution on January 5.

The court order specifically stated that the authorities are not allowed to evict or prevent the applicants from entering their farms. – The Vibes, July 5, 2021