The scandal involving a group of Orang Asli villagers - who accused their lawyer of pocketing millions - is beyond the jurisdiction of the Department of Orang Asli Affairs (JHEOA), said Deputy Rural and Regional Development Minister Awang Adek Hussin.

"The department is unaware about the RM16 million and has no say in the money as it was banked into the lawyer's account. It is outside the department's jurisdiction," he said in his winding up speech in Parliament late last night.

He was responding to a question from Opposition Leader Lim Kit Siang regarding the issue.

Following this, Lim argued that the money was not for the lawyer to do as he pleased and that the JHEOA must ensure the interests of the Orang Asli people are protected.

"Furthermore the (former) JHEOA director-general failed to act in his role as a trustee when there was breach (in 2001)" added the DAP chairperson and Ipoh Timor MP.

However, Awang Adek did not reply to this and when questioned further on the matter by M Kulasegaran (DAP - Ipoh Barat), he declined to comment saying it would be best to wait for the outcome of the police investigations into the matter.

The Orang Asli from three villages in Lembah Linggiu, Kota Tinggi, Johor were awarded RM38 million in a landmark court ruling in June 2000 against the Johor state government, which had taken a part of their land to construct a dam.

Of this figure, the court stipulated that RM22 million be placed in a trust fund with their lawyer S Kanawagi, two headmen and the JHEOA DG acting as trustees.

The remaining RM16 million was to be distributed to the villagers after deducting legal fees and costs for the lawyer.

The villagers, who have lodged a police report on the matter, told a press conference recently that they did not receive their stipulated amount and claimed that the lawyer had misappropriated funds as well as denied them access to audited accounts.

The lawyer has since denied all allegations.

Unqualified candidates

Meanwhile, in a written reply to Lim's question on whether the ministry plans to elect members of the Orang Asli community as the DG and directors of the JHEOA, Awang Adek said the ministry will not do this as of now.

"The government has yet to find anyone from the Orang Asli community who is qualified or capable of taking up the position of DG or as state office directors. However we have 372 Orang Asli in the JHEOA which makes up 29.9 percent of all the positions in the department," he said.

He added that the government was focusing on developing the level of education amongst the Orang Asli and will someday elect a suitable candidate from the community willingly.

Contacted today, Lim expressed shock over the deputy minister's reply.

"You mean to say, that after 47 years of independence there is not one single Orang Asli that can assume the role of heading a department in charge of their affairs? It's unbelievable. How long more will it take?" he said.

Lim said there should be a full inquiry into the plight of the people and to check if these allegations by the government were true.

"If it is true that there is no one capable, then the department, the ministry and the government has failed to elevate the social, political and economical status of the Orang Asli to a satisfactory level even after 47 years of holding a mandate," he added.

Opposition leaders plan to meet with Rural and Regional Development Minister Aziz Shamsuddin regarding this.