KOTA KINABALU: The High Court here yesterday fixed May 5 this year to hear preliminary issues raised by the defendant before the trial proper of the suit brought by a local businessman against former Chief Minister Tan Sri Harris Salleh over the surrender of Labuan to the Federal Territory on April 16, 1984.
Justice Chew Soo Ho set the date after Nurul Rafeeqa Afdul Mutolip, counsel for plaintiff James Albanus @ Richard, requested for more time to file their reply on the preliminary issues raised by the defendant, Harris, through his counsel Trevor Maringking.
Chew held that since the issues raised are legal issues which could or may determine the whole case, the court will hear the issues before the trial proper.
In the defendant’s (Harris) application on the preliminary issues, Trevor said that they are seeking determination under Section 33, Rules 2 and 5 of the Rules of Court 2012, and the three issues raised are:-
(1) Whether the plaintiff (James) has the locus standi to bring up this action, having regard to his prayers or the remedies that he seeks against the defendant (Harris)
(2) Whether the defendant had personally and/or unlawfully surrendered Labuan to the Federal Government in 1984?
(3) That, in event the answers to both questions are in the negative then the plaintiff’s action against the defendant should be dismissed with costs.
Trevor rationalised that this application was made in order to save court’s time for all parties.
In the suit filed on March 7, 2012 by the plaintiff (James), who undertakes research on social and political issues in Sabah and Malaysia, he is seeking a declaration from the court that Harris on his part has acted unlawfully in the surrender of Labuan. He is also seeking damages, injunctive relief, costs and interests.
In his statement of claim, James pointed out that, in researching the creation of Labuan as a Federal Territory in 1984, he discovered that the surrender of Labuan to the Federal Government was unlawful following an interview with Tan Sri Simon Sipaun recently.
He said that from the interview with Sipaun, who was previously the acting Sabah State Secretary in 1983, he discovered that the defendant had not sought the opinions, feelings and concerns of Sabah citizens, including himself.
James claimed that the defendant had not undertaken a referendum in respect of the Labuan decision, either from among the populace and citizenry of both the Sabah state and Labuan island.
He also said that the defendant (Harris) had acted unilaterally and individually without compliance to the relevant constitutional safeguards and also the well-being of the citizenry of Sabah state.
As a result of the defendant’s rash and unconstitutional action, James claimed, the state government of Sabah and its citizenry suffered unquantifiable financial and social loss at the material time and for generations to come.
He said he will rely on information obtained as a result of his research and interviews with Sipaun and would also rely on Section 2 of the Labuan Order in Council 1946 during the trial of this suit.
Harris had also filed a counterclaim of RM50 million for defamation against the 59-year-old James, who hails from Kampung Biau, Papar.