The 30 years old Labuan handover itch

(Borneo Insider) – At the heart of the dispute is the claim by the Plaintiff for a declaration that the Defendant acted unlawfully in the surrender of Labuan on 16th April 1984.

Thirty years ago Parti Berjaya supremo Harris Salleh then the Chief Minister of Sabah presided over the creation of Labuan as a Federal Territory. Since that day numerous rumours and allegations and counter allegations have swung back and forth on the wisdom of the move amongst the people of Sabah.

The spotlight is back on the Labuan handover, this time in the High Court here.

Today (April 28) is the start of the trial between James Albanus (plaintiff), represented by Nurul Rafeeqa Marcel Advocates against Harris (defendant) who is being represented by Maringking & Co before Justice Chew Soo Ho.

At the heart of the dispute is the claim by the Plaintiff for a declaration that the Defendant acted unlawfully in the surrender of Labuan on 16th April 1984.  He is also claiming damages, costs and statutory interest.

Albanus, in his Statement of Claim claimed that the Defendant had not sought the opinions,feelings and concerns of Sabah Citizens regarding the creation of Labuan as a Federal Territory.  Secondly he claims that the Defendant has not taken a referendum in respect of Labuan.

Furthermore, the Plaintiff claimed that the Defendant had acted unilaterally and individually without compliance with the relevant constitutional safeguards and also the well being of the citizens of the State of Sabah and as a result of such rash and unconstitutional  action, the State Government and the citizenry of Sabah suffered unquantifiable financial and social loss at the material time and for generations to come.

Meanwhile, Harris has counterclaimed for defamation against Albanus for defamation for a statement made by the Plaintiff in a local daily newspaper dated 8th March 2012 with the caption “Harris sued for giving away Labuan 28 years ago”.

He says that the statement of the Plaintiff in the article bore the meanings and was understood to bear the meaning that he (Harris) had surreptitiously surrendered or transferred the island if Labuan to the Federal Government in unconstitutional manner for his own benefit or financial gain and had completely disregarded the economic wellbeing of the State of Sabah or its people or the Labuan people in transferring the administration of Labuan to the Federal Government.

Further Harris alleged that the statement of the Plaintiff in the article bore the meanings and was understood to bear the meaning that he had personally caused the State of Sabah to suffer financial loss and/or not financially well off today by making Labuan a Federal Territory and that he had broken or ignored the State Constitution or Federal Law when allowing Labuan to become a Federal Territory.

Harris also claims that the article meant he was an untrustworthy political leader of Sabah who had undertaken unlawfully the creation  of the Federal Territory of Labuan by the State Cabinet and/or the Legislative Assembly.

By reason of the said statements as aforesaid the Defendant was put into embarrassment and exposed to public hatred, ridiculed and gravely injured in his feeling and reputation and suffered distress and loss and damage.

In his counterclaim, Harris is claiming for general, aggravated and exemplary damages in the sum of not less than RM500,000 or tp be assessed together with interest and costs and an injunction to restrain the Plaintiff from further publishing further libel or statements with similar defamatory comments and insinuations.