Locals not against Mazu statue, court hears
There were no objections from the Muslim community in Kudat against the erection of a Goddess of the Sea (Mazu) statue there, according to former Sabah chief minister Chong Kah Kiat.
"I know for a fact that there was very good support in Kudat for my project," he said. "Even before we began the project, I personally had a series of meetings with community leaders including Muslims to explain to them about the project."
"Through these series of meetings and briefings, I know that I had their full understanding and support."
There were no objections from the Muslim community in Kudat against the erection of a Goddess of the Sea (Mazu) statue there, according to former Sabah chief minister Chong Kah Kiat.
"I know for a fact that there was very good support in Kudat for my project," he said. "Even before we began the project, I personally had a series of meetings with community leaders including Muslims to explain to them about the project."
"Through these series of meetings and briefings, I know that I had their full understanding and support."
Chong said this yesterday during questioning by counsel Mohammad Shafee Abdullah for Sabah Chief Minister Musa Aman and three other defendants in a civil suit involving the Mazu statue.
Chong (
pix, in suit and tie
) is a member of the Kudat Moral Uplifting Society besides being the chair of Kudat Thean Hou Charitable Foundation (KTHCF) which initiated the Mazu statue project in early 2005.
He was responding to Shafee's questions on whether he knew that there was opposition and objections ‘from certain religious quarters' to the erection of the statue and whether the foundation carried out any survey to ascertain the sensitivities of those opposed to the project.
Chong told the court that series of briefings and meetings on the statue project was first held in September and October 2004. He could not remember the exact dates of the briefings in which local Muslim and Rungus village heads also participated.
Among the Muslim village heads who attended the first meeting was Haji Sallehin of Kampung Air, Haji Nunong of Kampung Landong Ayang, Haji Hussin of Kampung Tanjung Kapor, Haji Japalus of Kampung Parapat Laut and Hawareh of Kampung Limau Limauan, according to Chong.
Chong's civil suit has been brought forward from its original May 5 date after judicial commissioner Yew Jen Kie threw out an attempt by the defendants on Tuesday to strike out the suit on technicalities.
The trial started on Jan 12 and the plaintiff has so far called three witnesses, of whom two have already been cross-examined.
Project's tourist potential
Chong, in his capacity as the chairman of the KTHCF, initiated legal action on Feb 6 last year against the Sabah government for forcing work to halt on the construction of the statue despite a letter of approval from the Kudat Town Board dated Feb 8, 2006.
The judicial commissioner has ruled that she will be hearing Chong's originating motion after she finishes hearing the civil suit.
In his originating motion filed on Dec 12 last year, Chong is seeking a court order to revoke the withdrawal of the letter of approval issued by the Kudat Town Board on Nov 15, 2007.
He is also seeking a declaration the letter of approval issued by the Kudat Town Board on Feb 8, 2006 is valid and binding on all parties.
In the originating motion, Chong named the Kudat Town Board and the Central Town and Country Planning Board as the first and second respondents respectively.
The former chief minister said all the village heads that he had met were from his constituency in Kudat and the gatherings were mostly at his house in Kudat which was also the local BN office.
"I met them more than ten times stretching from September 2004 to November 2007 when the project was stopped after revocation of the approval," said Chong. "I consulted these people not because this could be sensitive but because I wanted them to know what Kudat was getting into."
"When I consulted them, I mostly briefed them on the tourist potential that Kudat will benefit from the erection of the Goddess of the Sea statue."
Chong described the local population as not overly sensitive, ‘not just the Muslim leadership but also the Muslim people are very open. We have been living as a very closed community of various races, Chinese and Muslims and others'.
However, he did not make a model of the proposed statue for the local community centre because he ‘did not see the need for it'.
Letter from CM's Dept
Chong agreed with Shafee that the Kudat Town Board approved the building and site plan subject to the developer and the other authorities observing the conditions stipulated before he (Chong) started the project.
One of the conditions, Shafee pointed out, was that the developer and the local authority had to overcome any social and religious issues that may arise from the project.
He also agreed with Shafee (
left)
that if the local authority had deemed sensitivity as one of the pre-conditions, then the local authority must have entertained the fact that this project could be socially and religious sensitive.
Chong, however, pointed out that his project was approved and the approval letter was extended to him.
"The local authority did not ask me to undertake a study. Neither did the local authority require such a study to be undertaken by my consultant," said Chong.
"The local authority never specifically asked us to comply with this condition and to report back as to whether we have complied with the condition or otherwise."
When shown a letter from the state Local Government and Housing Ministry dated June 6, 2006, Chong said that he was made aware from the letter that there had been objections and appeals from various quarters against the erection of the statue.
Chong said he was also aware of a letter from the Chief Minister's Department ordering that work on the project stop immediately for the same reason.
Appeal made to continue project
A letter written by the Mufti of Sabah on July 7, 2006 regarding a meeting of the State Fatwa Council and sent to the chief minister was also mentioned in court.
"I don't know why the mufti wrote to the chief minister that the building of such a statue in the shape of a human along the road is forbidden as far as Islam is concerned," said Chong.
He added that he met the chief minister during the period when the project was suspended, from May to early July 2006, to explain and appeal why the latter should let him continue with the project.
Chong is represented by counsel Ansari Abdullah (
left
) assisted by Erveanna Ansari. Lawyers Richard Barnes and Hassan Murtaza are assisting Shafee.
Chong, in his suit, is seeking a declaration from the court that Musa had in giving directions and orders to the other defendants, acted ‘mala fide' and/or in abuse of his power as the chief minister and/or ‘ultra vires' the Local Government Ordinance and the Town and Country Planning Ordinance.
Chong is also seeking a declaration that a ‘fatwa' issued by the state mufti on July 7, 2006 - against the construction of the Mazu statute - was unconstitutional as it infringed upon Article 11 of the Federal Constitution; and a declaration that the letter of approval dated Feb 8, 2006 by the fourth defendant, the Kudat Town Board, is valid.
Chong resigned as deputy chief minister and state tourism minister under the rotation formula in the Musa cabinet, after the project was stopped on April 13, 2007.
The trial continues on Monday.


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