High Court allows logging companies’ injunction against villagers

KUANTAN – The High Court here today allowed the application by two logging companies for a permanent inter-parte injunction filed against eight villagers who allegedly obstructed the extraction of forest produce near Kg Baharu in Jerantut, about 120 kilometres from here.

Judge Datuk Zainal Azman Ab Aziz made the decision after being satisfied there was a basis for the court to allow the companies’ application as plaintiffs, having examined the affidavits filed by both parties regarding the logging licensing issue for the 202.61ha area in Compartment One of the Jerantut Forest Reserve.

In his judgment, Zainal Azman said the plaintiffs had been given the right to extract forest produce from Yayasan Pahang as the concession holder, as well as the licence to do so from the director of the Pahang Forestry Department on January 28, 2019, which went to show that the plaintiffs had complied with the stipulated conditions.

“The defendants also through their affidavit stated that they had written to the menteri besar and Forestry Department director and also did not deny having enclosed pictures clearly irrelevant to the area in this case. Instead, they expressed concern that if the project proceeded, it could cause river pollution.     

"However, the area mentioned by the defendants is not the affected compartment and should not specifically state that this (pollution) will occur if the compartment was explored.

“In this matter, the state government had approved the project, apart from the Forestry Department, and the plaintiffs should be given the right to realise the agreement with Yayasan Pahang,” he said.

Zainal Azman then fixed April 13 to 15 next year for trial.

Logging companies Beijing Million Sdn Bhd and Rosah Timber & Trading Sdn Bhd filed the application on July 14 through lawyer Datuk Jacob Goldie, after claiming that they were disturbed by the defendants’ action, who had obstructed the work, uploaded pictures, and posted inaccurate statements about the plaintiffs on Facebook.

The eight defendants are Mohamed Said, 62; Mohamed Zarrif Mahmud, 29; Mohamad Hafizi Rosnan, 30; Saifulnizam Sulaiman, 33; Sukmarizal Nazman, 27; Shukran Firdaus Nazman, 29; Mohammad Zakirin Hasan, 36; and Mohamad Lozi Mohd Nasir, 45. 

They are all represented by counsel Charles Hector Fernandez.

The plaintiffs said they started making preparations by bringing machinery into the site on February 19, 2020, but the work was disrupted by the defendants to the extent of forcing the workers to leave the area and lodge a police report to ensure their personal safety.

The incident caused the Jerantut Forestry Office to issue a work suspension letter effective February 20 until the issue is resolved, which also resulted in the plaintiffs incurring losses.

The plaintiffs said they directed their lawyer to send a notice to all the defendants asking them to stop their action on February 12, 2020, but it was ignored.

That led to the plaintiffs sending a letter of notification on June 10 to the defendants informing them that legal action would be taken, including applying for an injunction against them. – Bernama, November 5, 2020