A legal firm representing two plantation companies today disputed the claim by a group of Bukit Tinggi Estate residents who said they were 'misled' in their court case against their former employers.

Malaysiakini reported on Monday that the residents, who are 'squatting' in Bukit Tinggi Estate in Klang, protested in front of the Federal Court and submitted a memorandum to Chief Justice Mohd Dzaiddin Abdullah alleging irregularities in their case.

The 26 residents, who had received an eviction notice from their former employers, claimed that they were 'misled' by a lawyer representing the plaintiffs, Kumpulan Guthrie Berhad and Jelata Bumi Sdn Bhd. The residents at that time did not have their own lawyer.

"There is no alleged 'irregularities' in this case. It is mischievous and highly defamatory to say that a lawyer representing the plaintiffs 'misled' the defendants," legal firm Skrine said in a statement to malaysiakini today.

Malaysiakini has also earlier reported that the two companies received a default judgment to demolish the defendants' houses in Bukit Tinggi on the ground that they were not present at the March 19 court hearing.

A default judgment is a judgment obtained by the plaintiff when the other party failed to contest the suit.

Skrine, however, today clarified that the judgment in default were obtained against the residents after the defendants have failed to enter an appearance in the stipulated time period. (The law requires the defendant to make known to the court his intention to contest the suit.)

"This is of course, unrelated to the absence or presence of the defendants at the court on March 19," the firm said.

"It is certainly not true that the plaintiffs obtained a default judgment on March 26 to demolish the houses occupied by the defendants in Bukit Tinggi on the ground that they were not present for the March 19 court hearing."

'Generous compensation offered'

According to Skrine, the Bukit Tinggi Estate residents were served with the writ of summons in the companies' claim for possession of the land occupied by them as early as Feb 28 this year.

However, during the March 19 hearing of an injunction, none of the defendants had made themselves known to the court, added the legal firm.

Skrine explained that its lawyer later obtained an adjournment of the hearing until April 8 in order for the defendants to find themselves a legal representative.

The firm said the matter was conveyed to a group of people "who claimed to be the defendants" when its lawyer met them outside the judge's chambers that day.

"[Our lawyer] also conveyed to this group that unless appearance was entered within the time stated in the writs of summons that had been served on them much earlier, judgment in default of appearance would be obtained," said Skrine.

The legal firm also reiterates that the 26 defendants were among the workers on the estate land who were offered "generous ex-gratia compensation and alternative housing packages" when the land was sold for redevelopment.

Three generations

"Whilst a majority of workers have agreed to accept the compensation packages and vacate the land, the defendants have refused to do so without just cause or reason," it added.

Claiming that the defendants are "squatters on the land", the firm said the residents in Bukit Tinggi Estate were given notice to vacate their quarters since last year and are currently "occupying the plaintiffs' land without licence".

The defendants, who were former estate workers, claimed that they have been living in the plantations for three generations, and are demanding for better compensation from Guthrie and Jelata Bumi.

According to K Ramasamy from the Estate Workers Support Committee, the residents were offered a RM400 monthly rental for two years and RM250 for each year of service in their company if they agreed to vacate the land.

They were also promised a RM7,000 discount for the purchase of a low-cost flat.

They were given retrenchment notice in mid-October last year. The land, which they are living on, is expected to be redevelop into a major township. The land was sold to a developer two years ago for more than RM200 million.

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