Police in Kunak, Sabah, have come under fire over their alleged refusal to help 171 smallholders to enforce a court injunction in their land dispute with a defunct cooperative society, despite some 50 reports being lodged to date.

The injunction bars the co-operative, Syarikat Kerjasama Perkembangan Tanah Tingkayu Bhd, its workers and agents from preventing the smallholders from harvesting oil palm on 300ha of land in nearby Tingkayu, which was planted in 1992.

Some 150 foreigners - suspected to be illegal immigrants although they claim to be Malaysians holding a Mykad - are now trying to seize some 1,618ha of land in the same area.

oil palm plantation An undisclosed number are said to have attacked the smallholders when they tried to enter the property to harvest oil palm last Thursday, resulting in one death and injury to three people including lawyer Valentino James Tanggar.

Sabah Law Association president John Sikayun pointed out that, under the law, the police are duty-bound to provide protection when disturbance of public peace is anticipated.

“Tanggar did the right thing by enlisting the assistance of the police. However, the police failed to provide assistance to the lawyer who was discharging his duties in executing an order made by the court,” noted Sikayun.

He urged the police to investigate the incident and take decisive action over the attack on Tanggar and others with him, to prevent similar incidents in future.

Duty-bound by law

Lawyer Ansari Abdullah, representing the family of Seipon Kayabo, 46, who was hacked to death in the incident, said the police have been “taking the side of the rich and powerful against the small man”.

Ansari said that, under the Police Act 1967, the police have a duty to execute court orders, such as summonses, subpoenas, warrants and prison detention orders.

“The Sabah Commissioner of Police Noor Rashid Ibrahim claims that the police cannot intervene in a civil case. There is a provision in the Police Act 1967 which states that they can. Hasn’t he read the Act?”

police brutality sinister corruption secrets Pointing out contradictions in the police chief’s stand, Ansari recalled a recent case in Latangan, Kinabatangan, in which the owners had a land title but were allegedly forced out by the police..

“The people who asked the police to chase them out did not have a court order or land title but the police helped them anyway because they are big people. The police do not want to help the small people.

“Why are they practising double standards? If they do not want to get involved, if at all that is possible, then do not get involved at all. Do not pick and choose.”

He said the smallholders had requested police help several times in executing the injunction and had made reports on assault, theft and intimidation using guns and other weapons.

“The injunction clearly states that the plaintiffs, whether by themselves, their servants, employees or agents or otherwise can harvest their crops,” Ansari pointed out.

“The smallholders are aged between 34 and 70. How do you expect the elderly to harvest their crops? If they are sick, old or women, can they not employ people to help them? Of course, they would have to get someone to help them. The law must be deliberated with common sense.”