May 27, 2011

Villagers Cry Foul Over Fraudulent Logging Deal

Joseph Tawie
Villagers in Lundu are claiming that a company has 'contravened laws governing NCR' by harvesting timber from their land.
KUCHING: Bidayuh landowners from four villages in the Lundu district – Kampung Stum Muda, Kampung Stungkor Baru, Kampung Stungkor Lama and Kampung . Bokiah – have claimed that a Miri-based timber company has cheated them through an ‘undated, unsealed and improperly attested agreement’.
They claimed the agreement also had not been stamped with the term ‘hasil’.


On May 3, the villagers lodged a report, at the Lundu police station, against Bagos Anak Gaok and Kampung Stim Muda village chief Labob Anak Sindeh for allegedly selling their forest in their native customary rights (NCR) land to the timber company, Malaystar Sdn Bhd.
Villagers Jemat Anak Tikek and Manis Anak Nundod of Kampung Stungkor Lama, lodged the report on behalf of the residents from the four villages.
They told the police that various species of timber in their NCR land near Gunong Undan have been felled.
“We found that an illegal agreement had been made between the timber company with Ketua kampong (village chief) Stum Muda, Laboh Anak Sindeh without the agreement of AJK (Development Action Committee) of the four villages.

“We made this report for information and action to be taken by the Lundu District Council, Forest Department, Malaysian Anti-Corruption Commission, the police and other relevant authorities,” Jemat said.
Jemat believed that illegal loggings are being carried out on 1,000 acres of their NCR land at Gunong Undan that belonged to the communities of the four villages.
“The majority of the people in these villages are opposed to the illegal loggings carried out by the loggers who were given consent to do so by a village chief of Kampung Stum Muda .
“He has not been given the mandate by the people,” Jemat said.

False Documents
Jemat alleged that the village chief could have based his authority on two points; i) an undated, unsealed and improperly attested agreement without stamp of the phrase ‘hasil’ and (ii) a written prior demand from the villagers which is attested by the agent of the loggers and not by any of the village elders.
“Upon perusal of these documents we found them to be false, void, and invalid by misrepresentation, and contravened laws governing NCR lands,” Jemat said.
According to the alleged agreement, Malaystar would pay Bagos Anak Gaok and Lebob Anak Sindeh a sum of RM80,000.
The alleged amount was to be paid in parts. First portion of RM40,000 to be paid upon signing the agreement and both Bagos and Lebob have acknowledged receipt.
The balance of RM40,000 is to be paid when the company commences the harvesting of the timber in the said land.
According to the agreement both Bagos and Lebob were solely responsible for dealing with all native claims and troubles which may arise from the villagers until such time that Malaystar had finished harvesting all the timber.
Copies of the report have been extended to the various authorities with a view to requesting those authorities concerned to put a stop to the illegal logging.
“So far the relevant authorities have not taken any action and the illegal logging continues unabated,” Jemat said, pointing out that they are consulting their lawyers with a view to sue the company and the accomplices.
-- FMT

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