Thursday, April 25

Petronas can refile case in High Court, says lawyer


Shankar Ram

KUCHING: Petroliam Nasional Berhad (Petronas) can always refile their case in the High Court despite losing their first court battle over the right to ownership to oil and gas resources.

Lawyer Shankar Ram said Petronas can do so as they may want to exhaust all legal avenues.

However, he claimed Petronas’ case against the Sarawak government is “misconceived and baseless”.

“I recalled seeing one of their prayers seeking to repeal or invalidate the Sarawak Oil Mining Ordinance (OMO) 1958, which they cannot do so because Sarawak laws prior to Malaysia Day became Federal laws by Section 73 of the Malaysia Agreement or Malaysia Act.

“(Even though) the Sarawak Oil Mining Ordinance (OMO) 1958  is strictly applicable to Sarawak, it is accepted as part of the Malaysia Agreement,” he said.

He said Petronas can file any case they want in the High Court which they must do in Sarawak and Sarawak will challenge them further “if they dare to do so.”

At the moment the State Government is asserting fundamental rights under our laws and the constitution, which will benefit Sarawakians and of course Petronas will also benefit and for the good of the whole of Malaysia.

“Our Sarawak Chief Minister (Datuk Patinggi Abang Johari Tun Openg) is in the right path and we should give him 100 per cent support on this. No Sarawak state leaders have fought for Sarawak Rights the way CM Abang Johari has done,” he said.

The decision by the Federal Court today also smacked against those who told Sarawakians that PDA 1974 gives all Oil and Gas rights to Petronas as it is a Federal Legislation and Sarawak does not have any say unless the State Government of Sarawak opt to file legal action in Court to annul the PDA, he further added.