KUCHING: A High Court here yesterday ruled that villagers of Kampung Bogag and members of the Dayak Bidayuh National Association (DBNA) were not negligent when they held a peaceful demonstration to stop a sand extraction operation several years ago.
In dismissing a negligence claim with cost by Million Everrich Sdn Bhd, the court reasoned that villagers and the members of DBNA were only exercising their democratic right of expression when they protested against the proposed extraction of sand on behalf of the villagers.
The company named Kampung Bogag village chief Bogeg Nyaon and DBNA president Datu Ik Pahon Joyik as the defendants.
The villagers were represented by lawyer Ani Solep.
Million Everrich was issued a permit to extract sand from the whole stretch of Sungai Nolan in Bau. They claimed RM441,795 in damages from the defendants on top of general and exemplary damages and other relief which the court deemed fit.
In the statement of claim, the plaintiff company said the villagers were negligent and careless because they had instigated the authorities to revoke or withdraw its licence for sand extraction in the river in the area.
Due to the instigation, the plaintiff was ordered to cease operation and they were not afforded any opportunity to recoup the expenditure which they had incurred in the process of setting up the equipment and machines for the operation.
The claim also said that the defendants caused the stoppage of sand operation from the river out of jealousy, envy, prejudice and discrimination and there was contempt against the plaintiff company.