Residents lose in court again

(NST) GEORGE TOWN: The hopes of Kampung Lorong Buah Pala residents to remain in their village were dashed again yesterday after the High Court ruled against them.

 

High Court judge Datuk John Louis O'Hara dismissed with costs the residents' appeal against the Deputy Registrar's decision to dismiss their application to set aside the writ of possession and bailiff's notice.

The courtroom was packed with residents and representatives of the defendants.

O'Hara found that the plaintiffs had failed to satisfy the court that there were cogent and compelling reasons to allow the appeal.

With regard to the failure by defendants, namely the land office, Koperasi Pegawai Kerajaan Negeri Pulau Pinang and developer Nusmetro Ventures Sdn Bhd, to comply with the National Land Code, O'Hara said this was not the proper forum.

He said the Court of Appeal had held that the plaintiffs and other occupants were squatters and, therefore, trespassers on state land.

"Therefore, the defendants have a right to evict and demolish (the village)," he said.

On the residents' argument that the defendants' lawyers had failed to serve them the Court of Appeal judgment, O'Hara said the documents were served on the solicitors representing the plaintiffs.

With regard to the residents' allegations of fraud in the land transfer, O'Hara said it was a "non-starter" as there was no evidence of fraud based on the documents submitted in court.

When met outside the court, the defendants' counsel, Karin Lim, said the developer could now go through with the eviction and demolition of the village on Aug 3, and the utilities and electricity would be cut the same day.

Gary Ho, the developer's representative who was present in court, said they wanted the public to perceive that they had been doing things professionally.

Ho said the Malaysian Anti-Corruption Commission had made concerted efforts to check on the documents and found no element of fraud or irregularity.