Press Release

Village Head of Long Koyan, Belaga, Sarawak, to answer charge of theft in court

20 August 2009

Belaga, Sarawak - Longhouse head, TK Nyalang Tahe’ from Long Koyan in Belaga Sarawak would be charged in the Magistrate’s Court, Belaga on 21 August 2009 at 9 am under Section 379 of the Penal Code for the alleged crime of theft.

TK Nyalang Tahe’ was charge for stealing an excavator belonging to Samling Plantation on the 13 May 2009 which he denied. He is currently under police bond pending the case to be mentioned at the Belaga Magistrate Court.

TK Nyalang Tahe’ is a village leader that is dedicated and concern with the welfare of his community. This laudable quality led him to defend their village Native Customary Rights (NCR) of Rumah Panjang Long Koyan (Long Koyan longhouse) in Belaga from encroachment by Samling Plantation for the establishment of an oil palm plantation.

The case arose from a police report that was made by a representative from Long Koyan Longhouse on 13 May 2009 about an encroachment taking place in their customary land by Samling Plantation sometime in the beginning of May. In the report, longhouse representatives, led by TK Nyalang Tahe’ stopped an excavator, from bulldozing their farm lands and garden in their NCR land. The report also mentioned that they confiscated the excavator keys to stop the workers from further encroachment.

However, on 21 July 2009, a warrant of arrest was issued to TK Nyalang and he was summoned by the police to surrender himself at the Sungai Asap Police Station. A large number of his longhouse residents went together with TK Nyalang to the police station that day.

According to Abun Sui Anyit, advisor of the Sarawak Native Customary Land Rights Network (TAHABAS), “This is clearly a dispute of rights to land. The police should have carried out a thorough investigation based on the reports lodged by the two parties in dispute.”

“The police should be neutral in handling the case without biased. But this was not so, as the police hastily framed TK Nyalang as a criminal by instituting charges against him,” Abun said.

TK Nyalang was not aware that the company had made another police report complaining that one of their excavators was stolen and he was the prime suspect and a warrant of arrest issued against him.

TK Nyalang and his residents argued with the police that the excavator was not stolen and it is still under the care of the workers of Samling Plantation. The keys are in their possession as it was passed to them by the plantation workers. They said it is even stated in their police report.

TK Nyalang said that they have made numerous police reports against Samling Plantation, but no action was taken. He and his residents wanted to know why the police are so swift to take action when the company makes a police report and why TK Nyalang is being charge for a criminal offence when it is the company that is committing an offence of trespass.

Realising the crowd’s anger, the police decided not to arrest TK Nyalang but he is required to sign a police bond and ordered to appear at the Belaga Magistrate Court on the 21 August to answer to the charges of stealing the company’s excavator.

Statement release by:

Mark Bujang

Exective Director, BRIMAS