Extracted from the Borneo Post 30 September 2003

 

Court hears suit against police, govt

 

MIRI: The Sessions Court here yesterday began the hearing of a civil suit filed by a 45-year-old housewife against the police and the Malaysian government on the death of her husband in December 1997.

 

Ndukmit Egot, from Rumah Sidu, an Iban longhouse in Baram, alleged in her Statement of claim that on Dec 19, 1997, she and 46-year-old husband Enyang Gendang went to Rumah Bangga to attend a meeting.

 

Some residents from their own longhouse and other surrounding longhouses were also at the meeting to discuss their claims for compensation from an oil palm plantation company which they claimed had damaged their native customary land (NCR) and crops situated at Sungai Lutong and Sungai Babai.

 

Ndukmit claimed that they had lodged reports with the relevant authorities including on alleged damages done by the company but there was no investigation done or action taken on their complaints.

 

As the company also did not stop its activities, the affected longhouse residents were forced to stop their activities by detaining three of its bulldozers that the residents brought and kept in front of Rumah Bangga on Dec 16, 1997.

 

Around 1.30 pm just after their meeting ended, policemen together with police field force (GOF) armed with M16 rifles, pistols, baton and handcuffs (GOF) arrived at Rumah Bangga.

 

The residents and Tuai Rumah Bangga went down to meet and also to hold a "miring ceremony" to welcome them to the longhouse in accordance with Iban custom.

 

It was alleged that the police immediately asked for the longhouse chief, Tuai Rumah Bangga who was placed under arrest after he introduced himself.

 

Ndukmit also claimed that other policemen and GOF present also attempted to arrest longhouse residents at the scene.

 

In a scuffle, following the attempt to arrest Tuai Rumah Bangga, a number of shots were believed fired by one of the GOF personnel from his M16 riffle.

 

Ndukmit further alleged in her statement of claim that first defendant, Corporal Hussaini Sulong, one of GOF personnel, had wrongfully or negligently fired a shot with his pistol at her husband who was hit on his forehead.

 

As a result, her husband collapsed and was in a coma until he died in intensive care unit at the Miri General Hospital on Dec 24.

 

When giving evidence through an Iban court interpreter yesterday, Ndukmit said she filed the suit because as a result of her husband's death, she and her two children had been deprived of his support and they had also incurred substantial expenses during his funeral.

 

Ndukmit will continue with her evidence in court today at 10 am.

 

She is represented by Mekanda Singh Sandhu who is assisted by Harrison Ngau Laing while Amir Hamzah Othman represented first defendant Corp Hussaini, second defendant Chief Inspector Chan Kuang Yu, third defendant DSP Earnest Sadan and the government of Malaysia.