Malaysia

DAP stands by its Tras rep, 18 durian farmers amid clash with Pahang govt

Party sec-gen says legal assistance will be made available for detainees, calls for amicable solution

Updated 5 years ago · Published on 05 Jul 2021 8:30PM

DAP stands by its Tras rep, 18 durian farmers amid clash with Pahang govt
Lim Guan Eng says that the Pahang government was wrong to claim it was working within the law after holding 18 Raub durian farmers in remand for two days in the dispute between both parties. – Wikipedia pic, July 5, 2021

KUALA LUMPUR – DAP will throw its weight behind its Tras assemblyman and the 18 durian farmers who are involved in an ongoing dispute with the Pahang government.

Party secretary-general Lim Guan Eng said DAP’s legal bureau will be charged with defending Tras’ Chow Yu Hui after the rep was detained under Section 186 of the Penal Code, which criminalises the obstruction of a public servant in the discharge of his public functions.

“Chow was released today morning, but the 18 farmers are still detained. DAP will also offer legal assistance to those in detention, as this is a problem for them given durian farming has been a source of income for them for decades.

“The Pahang government should work to resolve this matter amicably,” Lim said in a statement today.

He also contended that the Pahang government’s argument that authorities were operating within the ambit of the law was wrong.

He said as the farmers have received an interim injunction prohibiting any form of enforcement against them, the state government should respect the Court of Appeal’s order.

Earlier today, the Raub magistrate court allowed the 18 durian farmers to be remanded for two days, pursuant to an application by the state Forestry Department. 

These farmers are currently investigated under Section 47 of the Forestry Act, which prohibits the entry of persons into “closed forests”.

If they are found guilty, they are liable to a fine not exceeding RM10,000, a jail term not exceeding three years, or both. 

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

Authorities allegedly blocking durian farmers in Tras, Pahang from collecting their produce. – Save the Musang King Alliance Facebook pic, July 5, 2021
Authorities allegedly blocking durian farmers in Tras, Pahang from collecting their produce. – Save the Musang King Alliance Facebook pic, July 5, 2021

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

At the scene was Chow and Save the Musang King Alliance (Samka) president Wilson Chang, who questioned the actions of police.

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

The Court of Appeal had earlier this year granted a stay of execution against any enforcement or eviction of the 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

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