Property developer Motif Era's attempt to cite five politicians for contempt over a controversy involving a Chinese primary school in Penang failed today as its lawyers did not turn up in court.

"The application has been struck out," Penang state executive councillor Dr Toh Kin Woon said when contacted.

Toh was one of five individuals - three from the ruling parties and two from the opposition - who had tried to prevent Motif Era from demolishing SRJK Sin Chung in Kepala Batas, located in the mainland.

The other four are political secretary to the Penang chief minister Mark Ooi, MCA's Ayer Puteh state assemblyperson Lye Siew Weng, DAP's Bagan parliamentarian Lim Hock Seng and Sungai Puyu state assemblyperson Phee Boon Poh.

All four, apart from Toh who is currently in Thailand, were in the Butterworth Sessions Court this morning.

The controversy involving the Sin Chung school - located in Prime Minister Abdullah Ahmad Badawi's constituency - began when Motif Era obtained a court order to clear the land for its mixed-development project.

Another piece of land has been ear-marked for the construction of a new school as a replacement.

On Dec 2, the developer tried to tear down the existing school but failed after residents - including the five - protested because the school's replacement building plan had yet to be approved by the local council.

A scuffle was also reported on that day.

Fence built, destroyed twice

On Dec 20, the developer built a fence around the school compound but this was demolished by the local council two days later.

However on that same afternoon, the developer re-erected the fence and this had led to the local council to again remove it last week.

Police were later stationed at the school compound to prevent the developer from building the fence for the third time.

Meanwhile, the developer has blocked the access road to the site of the new school by bringing in an excavator to dig a drain.

Penang Chief Minister Dr Koh Tsu Koon was reported to have said last Thursday that the developer had been issued a notice by the Seberang Prai Municipal Council to open up the road within 24 hours.

The state was looking into possibility of taking action against the developer, he added.

Koh had also instructed the local council to expedite the approval for the plan for the school's replacement building so that piling works for the new school could begin.

Developer Motif Era could not be contacted for comment.